Madras High CourtCRL OP(MD)/15621/2020granted

Basheer Ahamed v. The Inspector Of Police

2021-01-06Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Basheer Ahamed ... Petitioner/Sole Accused Vs State Rep. by The Inspector of Police, Natchiyarkovil Police Station, Thanjavur District.

(Crime No.1349 of 2020).

... Respondent/Complainant For Petitioner : M/s.Pethurajesh.P, Advocate.

For Respondent : Mr.M.Chandrasekaran, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 1349 of 2020 on the file of the respondent police, ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 11.11.2020 for the offences punishable under Sections 294(b). 323,324 and 307 of IPC on the file of the respondent police seeks bail.

2.The case of the prosecution is that on 08.11.2020 due to some wordy quarrel between the defacto complainant and the petitioner herein in respect of doing kitchen work, due to which on the very next day, the petitioner herein abused the defacto complainant and also assaulted her with deadly weapons. Hence 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 also submit that the defacto complainant never sustained any injuries in the matrimonial home. He would also submit that the petitioner is in jail for more than 40 days and the injured was also discharged from the hospital, hence he seeks bail. 1/3

4. The learned Government Advocate(Crl.Side) would submit that due to wordy quarrel the occurrence has taken place and now the injured was also discharged from the hospital.

5. Taking note of the above facts and circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that the injured was also discharged from the hospital, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kumbakonam 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 shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

iii)the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during trial. v)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]. vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 06/01/2021 / 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 NO.II, KUMBAKONAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, NATCHIYARKOVIL POLICE STATION, THANJAVUR DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-88[I] dated 06/01/2021 )

ORDER

IN CRL OP(MD) No.15621 of 2020 Date :06/01/2021 aav JM/PN/SAR III/06.01.2021/3P/7C 3/3