Manimaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Manimaran ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Kollidam Police Station, Trichy District.

Crime No.324 of 2021 ... Respondent/Complainant For Petitioner : Mr.K.M.KARUNAKARAN, Advocate.

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

PRAYER :- For Bail in Crime No.324 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 23.08.2021, for the offence punishable under Section 307 IPC, in Crime No.324 of 2021, seeks bail.

2. The wife of the petitioner is the defacto complainant. Both the petitioner and the defacto complainant are working as school Teachers. The case of the prosecution is that the petitioner had suspected the character of the defacto complainant and picked up quarrel, due to which, she filed a petition for divorce. On 22.08.2021, the petitioner entered into the defacto complainant's room and stabbed her with a knife and caused injuries.

3. The learned counsel for the petitioner submits that the injured has been discharged from the hospital on 26.08.2021. He further submits that a demand draft of Rs.15,000/- was handed over to the defacto complainant for her medical expenses.

4. The learned Government Advocate (Crl. Side) affirmed the said submission stating that the injured has been discharged from 1/3

the hospital on 26.08.2021 and a demand draft of Rs.15,000/- was also handed over to the defacto complainant for her medical expenses.

5. Considering the facts and circumstances of the case, the nature of allegations levelled against the petitioner, the period of incarceration and the fact that the injured has been discharged from the hospital and a demand draft of Rs.15,000/- was handed over to the defacto complainant for her medical expenses, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is ordered. The petitioner is directed to be released on bail on his 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 Judicial Magistrate, Srirangam 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 daily at 10.30 a.m. until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 14/09/2021 / 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.

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TO 1.THE JUDICIAL MAGISTRATE SRIRANGAM.

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

3.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

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

ORDER

IN CRL OP(MD) No.12917 of 2021 Date :14/09/2021 SA/VR/SAR.2/14.09.2021/3P/6C 3/3