Sathanantham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sathanantham ... Petitioner/ Sole Accused

Versus

The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

(Crime No.27 of 2024)

...Respondent/ Complainant

For Petitioner :

Mr.D.S.Haroon Rasheed, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.27 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.27 of 2024 for the offence under Section 307 IPC and remanded him into judicial custody on 14.03.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The defacto complainant is the mother-in-law of the petitioner. The defacto complainant's daughter one Jeevitha got married to the petitioner and out of their 1/4

wedlock, they have been blessed with two children. The petitioner was working as JCB operator in Dubai and his earning amount was sent to his wife. The petitioner, after his return to the hometown, asked the said amount from his wife, due to which, there was a dispute between them. While so, on 13.04.2024 at about 9.00 p.m., again the petitioner picked up quarrel with his wife in respect of his earning amount and attacked her brutally, due to which, she fainted on the spot and thereafter, she was admitted in a hospital. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 14.03.2024.

4. The learned Additional Public Prosecutor appearing for the respondent Police submits that the injured has been discharged from the hospital.

5. Considering the nature of offence, the period of allegation and also considering the fact that it is a family dispute and the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each 2/4

for a like sum to the satisfaction of the learned Principal Sessions Judge, Sivagangai.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall appear before the respondent Police as and when required for interrogation. He has to co-operate for the investigation.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

sd/- 17/04/2024 / TRUE COPY / 17/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 3/4

To 1.The Principal Sessions Judge, Sivagangai.

2.The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

3.The Officer Incharge, District Jail, Ramnad.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.S.HAROON RASHEED, Advocate ( SR-4512[I] dated 17/04/2024 )

ORDER

IN CRL OP(MD) No.5929 of 2024 Date :17/04/2024 ED/ /SAR- (17/04/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4