Abinesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Abinesh ... Petitioner Vs.

The State represented by, The Inspector of Police, Vellore South (L&O) Police Station, Vellore, Vellore District.

(Crime No.197/2022) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in connection with the Crime No.197 of 2022 pending investigation on the file of the respondent Police. For Petitioner : Mr.G.Vinodhkumar For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 03.10.2022 for the offences punishable under Sections 294 (b), 307, 506(ii) IPC, in Crime No.197 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on account of the quarrel between the petitioner and the de-facto complainant, the petitioner has abused the de-facto complainant in a filthy language and stabbed him in his stomach with knife and threatened him with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he would also submit that during the quarrel, incident has happened in a sudden provocation. He would further submit that the injured has been discharged from the hospital. He would also state that the petitioner is in custody from 03.10.2022 and he is prepared to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that during the quarrel, the petitioner had inflicted injuries on the stomach of the de-facto complainant by stabbing him with knife. He would further submit that the injured has been discharged from the hospital. He would also submit there is no previous case as against the petitioner, however, he oppose for grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the 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 3/6

the learned Judicial Magistrate No.I, Vellore, 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;

[b] the petitioner shall report before the respondent Police, every day at 10.30a.m., until further orders;

[c] the petitioner shall not tamper with evidence or 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 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];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 01.11.2022 ham To

1. The Judicial Magistrate No.I, Vellore.

2. The Inspector of Police, Vellore South (L&O) Police Station, Vellore District.

3. The Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 01.11.2022 6/6