M. Antony Samy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI M.Antony Samy ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Kallakudi Police Station, Trichy District (Crime No.345 of 2021).

... Respondent/Complainant For Petitioner : Mr.S.SATHYACHIDAMBARAM, Advocate.

For Respondent : Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.345 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 27.09.2021 for the offence under Sections 294(b) and 307 I.P.C, in Crime No.345 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that there was a family dispute between the defacto complainant and her husband. When the same was questioned by the petitioner, who is none other than the own uncle of the defacto complainant, the defacto complainant's husband abused the petitioner in filthy language. Thereafter, the petitioner went to the defacto complainant's house and assaulted her husband and caused injuries. Hence, 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 in judicial custody from 27.09.2021 and hence, he seeks for grant of bail.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the investigation is yet to be 1/3

completed. He would further submit that the injured was discharged from the hospital.

5.Considering the facts and circumstances of the case, the overt act attributed as against the petitioner, the fact that the injured has been discharged from the hospital and also the period of incarceration, this Court is inclined to grant bail to the petitioner.

6.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, Lalgudi, Trichy District 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 Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders.

[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 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 229-A IPC.

sd/- 08/10/2021 / 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 LALGUDI, TRICHY DISTRICT.

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

3.THE OFFICER INCHARGE SUB JAIL, JEYANGKONDAN, ARIYALUR DISTRICT.

4.THE INSPECTOR OF POLICE, KALLAKUDI POLICE STATION, TRICHY DISTRICT 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.15605 of 2021 Date :08/10/2021 SA/SKN/SAR.4/08.10.2021/3P/6C 3/3