Govindaraji v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2022

CORAM

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP Govindaraji ... Petitioner Vs.

State rep by the Inspector of Police, Jolarpet Police Station, Jolarpet, Thirupathur District.

(Crime No.202 of 2022) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the Petitioner on bail in Crime No.202 of 2022 on the file of the Inspector of Police, Jolarpet Police Station, Jolarpet, Tirupathur District.

For Petitioner : Mr.G.Vinodhkumar For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor 1/6

O R D E R

The Petitioner, who was arrested and remanded to judicial custody on 23.07.2022 for the offences punishable under Sections 294(b), 324, 506(ii) of IPC r/w Section 4 of TNPHW Act @ 294(b), 324, 505(ii), 302 of IPC r/w Section 4 of TNPHW Act in Crime No.202 of 2022 on the file of the Respondent Police, seeks bail.

2. The case of the Prosecution is that the Petitioner, who is the brother of the Defacto Complainant had criminally intimidated, abused and assaulted the Defacto Complainant and his wife with Knife, due to which, the Defacto Complainant had succumbed to injuries . Hence, the case.

3. The learned Counsel appearing for the Petitioner would submit that the Petitioner is an innocent and he had nothing to do with the alleged offence as stated by the Prosecution. Therefore, he prays for grant of bail to the Petitioner.

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4. The learned Additional Public Prosecutor appearing for the Respondent would submit that due to previous enmity, the Petitioner had assaulted the Defacto Complainant and his wife with Knife, due to which, the Defacto complainant had succumbed to injuries. Hence, he vehemently opposed to grant bail to the Petitioner.

5. Heard learned counsel for the Petitioner and the learned Additional Public Prosecutor and perused the materials available on record including the First Information Report.

6. Taking into consideration of the submission of the learned Counsel for the Petitioner and the objection made by the learned Additional Public Prosecutor, this Court is inclined to grant Bail to the Petitioner.

7. Accordingly, the Petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the, learned 3/6

Judicial Magistrate I, Thirupathur. Further, one of the sureties shall be a blood relative.

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Judicial Magistrate I, Thirupathur shall obtain a copy of their Identity Card, Aadhar Card, or Voter Identity Card or Driving Licence or PAN Card or Bank Passbook with Photo affixed and attested by the Bank Manager as proof of Identity. (b) the Petitioner shall stay at Vellore and report before the Vellore North Police Station daily at 10.00 a.m., until further orders. The Petitioner shall not enter into the local Jurisdiction of Jolarpet Police Station. (c) the Petitioner shall not influence, threaten or coerce the witness either during investigation or trial;

(d) the Petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the Investigation Officer shall exercise the discretion to cancel the bail by approaching the Court of the learned Judicial Magistrate/Trial Court. 4/6

(f) the learned Judicial Magistrate/Trial Court shall on application for cancellation of bail bond by the Investigation Officer shall pass appropriate orders as though bail granted by the learned Judicial Magistrate/Trial Judge himself/herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g) if the Accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

06.10.2022 shk/sma 5/6

SATHI KUMAR SUKUMARA KURUP ,J.

shk/sma To

1. The learned Judicial Magistrate I, Thirupathur 2.The Inspector of Police, Jolarpet Police Station, Jolarpet, Thirupathur District.

3. The Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.24321 of 2022 06.10.2022 6/6