Krishnamoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Krishnamoorthy ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Poovanthi Police Station Sivagangai District Crime No.151 of 2021. ... Respondent/Complainant For Petitioner : Mr.R.Venkatesan, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :-For Bail in Crime No.151 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested on 24.08.2021 for the offence under Sections 294(b), 323, 448, 506(i), 379(NH) I.P.C and Section 4 of Tamil Nadu Prohibition of Woman Harassment Act altered into Sections 294(b), 323, 448, 506(i) I.P.C and Section 4 of Tamil Nadu Prohibition of Woman Harassment Act, in Crime.No.151 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is none other than the wife of the petitioner. Out of their wedlock, a child was born to them. Due to the misunderstanding between themselves, the defacto complainant left the matrimonial home and is residing in her patents house. On 24.08.2021, the petitioner went to the defacto complainant's house to see the defacto complainant and his child, where the defacto complainant created wordy quarrel and subsequently, foisted the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is inside the prison from 24.08.2021 and hence, he seeks for grant of bail to the petitioner.

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4. The learned Additional Public Prosecutor appearing for the respondent police would submit that due to the matrimonial dispute, the petitioner assaulted the defacto complainant with hands and caused simple injury and also snatched her gold chain weighing about 11 sovereigns. He would further submit that the investigation is yet to be completed.

5.Though the petitioner was remanded to judicial custody on 24.08.2021, for the past one month, the respondent police have not taken any steps to have him under custody, for recovering the gold chain and have not searched the petitioner's house to find out the chain.

6.In view of the above, considering the nature of allegation levelled against the petitioner and also the period of incarceration, this Court is inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is allowed and 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 the learned Judicial Magistrate No.2, (Fast Track Mahila Court) Sivagangai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Judge may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall appear before the respondent police as and when required for interrogation.

[c] the petitioner shall not tamper with the 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 Judge/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 Judge/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 229-A IPC.

sd/- 21/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 NO.2 (FAST TRACK MAHILA COURT), SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.13995 of 2021 Date :21/09/2021 MSA MK/VR/SAR.III/21.09.2021/3P/6C 3/3