Sathishkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2021 PRESENT The Hon'ble Mr.Justice A.A.NAKKIRAN CRL OP(MD)No.7288 of 2021 Sathishkumar ... Petitioner/Sole Accused Vs The State Rep. by The Inspector of Police, Musiri Police Station, Trichy District.

(Crime No.164/2021). ... Respondent/Complainant For Petitioner : Mr.Rajaboopathy.D., Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 164 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 08.04.2021 for the offences punishable under Sections 448, 294(b), 354(B), 323, 506(i) IPC r/w Section 4 TNPHW Act, 2002 in crime No.164 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and the defacto complainant are relatives. The petitioner said to have involved some illegal activities and therefore, the defacto complainant advised him not to come her home. Due to that motive, the petitioner criminally trespassed into the house of the defacto complainant and abused her and her family members. Hence, the daughter of the defacto complainant felt ashamed and made an attempt to commit suicide. Therefore, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 08.04.2021, hence he may be granted bail. 4.The learned Government Advocate(Crl.Side) appearing for respondent police would submit that the petitioner and the defacto complainant are relatives and due to the illegal activities of the petitioner, the defacto complainant advised him not to come to her house. Due to that motive, the petitioner abused the defacto complainant and her family members. He would further submit that the investigation in this case is pending.

5.Considering the facts and circumstances of the case and also the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.1,00,000/- (Rupees One lakh only) before the Jail Authority. The petitioner after his release shall surrender before the concerned Judicial Magistrate voluntarily on any working day within a period of one month from the date of resumption of regular work in the Subordinate Courts and execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Musiri, Tiruchirappalli. i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity (ii) the petitioner is directed to deposit a sum of Rs.

1,000/- (Rupees One Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.

iii)the petitioner shall report before the respondent police as and when required for interrogation.

iv)the petitioner shall not tamper with evidence or witness. v)the petitioner shall not abscond during trial. vi)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].

vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 04/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, MUSIRI POLICE STATION, TRICHY DISTRICT.

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

COPY TO:- THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9 +1 CC to Mr.D.RAJABOOPATHY, Advocate (SR-3823[I] dated 04/06/2021 )

ORDER

IN CRL OP(MD) No.7288 of 2021 Date :04/06/2021 GNS TE/VR/SAR-I : 04/06/2021 : 3P/8C