S.Davithu @ Thaveethu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM S.Davithu @ Thaveethu, ... Petitioner/Sole Accused Vs The State rep. by, The Inspector of Police, Thisaiyanvilai Police Station, Tirunelveli District, Crime No.553/2023.

... Respondent/Complainant For Petitioner : M/s.Angusamy.V, Advocate.

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

PRAYER :- For Bail in Crime No.553/2023 on the file of the respondent police 1/5

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 27.11.2023 for the alleged offences punishable under Sections 341, 294(b),307 and 506(ii) of IPC in Crime No.553 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the wife of the defacto complainant are having illegal relationship and she left from the defacto complainant and living with the petitioner . On 24.11.2023 while the defacto complainant was coming in a vehicle, the petitioner herein waylaid , abused the defacto complainant in filthy language and also assaulted the defacto complainant, but he narrowly escaped from the hurt. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 27.11.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioner and the wife of the defacto complainant are having 2/5

illegal relationship and she left from the defacto complainant and living with the petitioner . On 24.11.2023 while the defacto complainant was coming in a vehicle, the petitioner herein waylaid , abused the defacto complainant in filthy language and also assaulted the defacto complainant, but he narrowly escaped from the hurt, hence he objected to grant bail to the petitioner. However he fairly concedes that no one sustained injuries in the said occurrence. 5.Considering the facts and circumstances and also considering the period of incarceration and also taking into consideration the fact that no one sustained injuries in the said occurrence and also taking into consideration the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012) 1 SCC 40, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[i] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Radhapuram and on further conditions that:

(ii) 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 3/5

card or Bank Pass Book to ensure their identity; (iii) the petitioner shall appear before the respondent police once in a week on every Monday at 10.30 am., until further orders. (iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial. (vi) 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]. vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 18/12/2023 / TRUE COPY / 18/12/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 4/5

TO

1. The Judicial Magistrate, Radhapuram.

2. Do through the Chief Judicial Magistrate, Tirunelveli District.

3. The Superintendent, Central prison, Palayamkottai.

4. The Inspector of Police, Thisaiyanvilai Police Station, Tirunelveli District.

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

+1CC to M/s.V.ANGUSAMY, Advocate SR-17950 dated 19/12/2023

ORDER

IN CRL OP(MD) No.22727 of 2023 Date :18/12/2023 SSA/18.12.2023/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5