M.Karthikeyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of May Two Thousand Twenty PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN M.Karthikeyan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Ettayapuram Police Station Thoothukudi District Cr No.61/2020.

... Respondent/Complainant For Petitioner : M/s.T.Sugadev, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PRAYER :- for bail in Crime No.61 of 2020 on the file of the respondent police ORDER : The Court made the following order :- This petition has been filed by the petitioner/sole accused seeking bail for the alleged offence punishable under Sections 294(b), 307 and 506(ii) of IPC.

2.Due to family dispute the petitioner herein has attacked the brother of the defacto complainant who is none other than the husband of the petitioner's sister.

3.It is reported by the learned Additional Public Prosecutor that the victim is discharged from the hospital and the petitioner himself has voluntarily surrendered before the Magistrate on 23.03.2020 and since then he is in judicial custody.

4. It appears that since the petitioner's sister was ill treated by the victim quarrel between them has arose and in the said quarrel the petitioner herein has attacked the victim with sickle.

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5.Since the victim is discharged from the hospital and investigation is almost completed, taking into consideration the present scenario, this Court is inclined to grant bail to the petitioner.

6. Accordingly the petitioner is ordered to be released on bail on his executing own bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only)subject to the satisfaction of the Superintendent, Sub Jail, Kovilpatti and on further conditoin that i) the petitioner herein shall execute a bond for a sum of Rs.25,000/-with two sureties within one month from the date of release to the satisfaction of the learned Judicial Magistrate No.II, Kovilpatti.

ii)the petitioner shall not tamper with evidence or witness. iii) the petitioner shall not abscond during trial. iv)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]. v) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 05/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.2, KOVILPATTI, THOOTHUKUDI DISTRICT 2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL KOVILPATTI, THOOTHUKUDI DISTRICT 2/3

4 THE INSPECTOR OF POLICE ETTAYAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI

ORDER

IN Date :05/05/2020 SRS/JC/SAR-II/05.05.2020/P3/6C 3/3