Madhasewaran v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Madhasewaran

...Petitioner

Vs.

State Represented by, Inspector of Police, Sankari Police Station, Salem District.

Crime No.317 of 2023

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. to enlarge the petitioner on bail in Crime No.317 of 2023 on the file of the respondent police.

For Petitioner : Mr.T.Muruganantham For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.07.2023 for the offences punishable under Sections 447, 294(b), 323 & 307 of IPC in Crime No.317 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in this case. Petitioner is in Judicial Custody from 23.07.2023. Thus, he seeks bail to the petitioner.

3. In reply, the learned Additional Public Prosecutor submitted that, petitioner used to pick up quarrel with his fellow men in his village. On 23.07.2023, at about 01.50.p.m., when defacto complainant was sitting in the Maiyamman Temple, he heard fighting noise near the house of one Kavitha. Petitioner had scolded Kavitha and her mother-inlaw. Not only that, he had also beaten them, When defacto complainant interfered and questioned as to why he was beating them, petitioner had 2/6

scolded the defacto complainant in filthy language and also he went to his house and brought koduval and attacked him on his head. As a result, defacto complainant sustained injuries. Defacto complainant was treated in the hospital and discharged.

4. Considering the nature of allegations and the fact that injured has been discharged from the hospital and also having regard to the fact that, petitioner is in Judicial Custody from 23.07.2023 and that material part of the investigation might have been completed by this time, this Court is inclined to grant bail to the petitioner.

5. Accordingly, petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-1, Sankari and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioner shall report before the respondent police daily at 10.30.a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 04.09.2023 sma 4/6

To 1.The Judicial Magistrate No.1, Sankari.

2.Central Prison, Puzhal, Chennai.

3.Inspector of Police, Sankari Police Station, Salem District.

4.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN. J.

sma 04.09.2023 6/6