CRL OP/20882/2020 of MUNUSAMY Vs STATE REP.BY on 30 December 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.12.2020

CORAM :

THE HON'BLE Mr. JUSTICE V.SIVAGNANAM

Crl.O.P.No.20882 of 2020

Munusamy... Petitioner

- Vs. -

The State byThe Inspector of Police,Chetpet Police Station,Thiruvannamalai.Thiruvannamalai District.(Crime No.2921 of 2020).

... Respondent

Prayer:Criminal Original Petition is filed under Section 439 ofCriminal Procedure Code, to enlarge the petitioner on bail in CrimeNo.2921 of 2020 pending on the file of the respondent police.

For Petitioner : Mr.B.Mahendra Naidu

For Respondent : Mr.K.Madhan Government Advocate (Crl. Side)ORDER

(The case has been heard through video conference)

The Petitioner, who was arrested and remanded to judicialcustody on 29.11.2020 for the offences punishable under Sections 294(b), 323, 324 and 307 of the Indian Penal Code, 1860, in CrimeNo.2921 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner ishusband, the victim is wife and the defacto complainant is thedaughter of the petitioner and the victim. Due to misunderstandingbetween the petitioner and his wife, they are living separately andthe victim was staying with the defacto complainant. On 29.11.2020,the petitioner went to the defacto complainant's house and quarreledwith his wife and abused her and attacked her with knife. Due towhich, the victim sustained injuries and admitted the hospital.Hence, the complaint.

3. The learned counsel for the Petitioner would submitthat the petitioner is an innocent and the false case has beenregistered by the defacto complainant against the petitioner and hehas nothing to do with the alleged offences. He would further submithttps://hcservices.ecourts.gov.in/hcservices/that the petitioner is a Senior citizen, aged about 80 years and prays for grant of bail. Hence, the learned counsel seeks to grantof bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearingfor the respondent would submit that there was a wordy quarrelbetween the petitioner and his wife. Due to which, the petitionerattacked the victim with knife and she sustained injuries on hercheek, stomach, left hand and left hand index finger. Thereafter,the victim has been discharged from the hospital. Hence, hevehemently opposed to grant of bail to the petitioner.

5. Heard the learned Counsel on either side. Perused F.I.R.and other materials placed on record.

6. Overall consideration of the facts, the nature ofaccusation, the nature of offences, the materials in support of theaccusation and the circumstances of the case and the period ofdetention of the petitioner in the judicial custody, this Court isinclined to grant bail to the petitioner subject to the followingconditions:

(a) Accordingly, the petitioner is ordered to be releasedon bail on condition to execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only), with two sureties each for alike sum to the satisfaction of the learned Judicial Magistrate,Polur,and on further conditions that:

(b) the sureties shall affix their photographs and LeftThumb Impression in the surety bond and the learned Magistrate mayobtain a copy of their Aadhar Card or Bank Pass Book to ensure theiridentity;

(c) the petitioner on his release from prison shall reportbefore the respondent police everyday at 10.30 a.m. until furtherorders.

(d) the petitioner shall not commit any offences of similar nature; (e) the petitioner shall not abscond either duringinvestigation or trial; (f) the petitioner shall not tamper with evidence orwitness either during investigation or trial;

(g) on breach of any of the aforesaid conditions, thelearned Judicial Magistrate/Trial Court is entitled to takeappropriate action against the petitioner in accordance with law asif the conditions have been imposed and the petitioner released onbail by the learned Magistrate/Trial Court himself as laid down bythe Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

https://hcservices.ecourts.gov.in/hcservices/

(h) if the accused thereafter absconds, a fresh FIR can beregistered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered.

-sd/-

30/12/2020

This order, on being produced, be punctually observed and carriedinto execution by all concerned TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104.

TO

1 THE JUDICIAL MAGISTRATE,POLUR.

2 THE CHIEF JUDICIAL MAGISTRATETHIRUVANNAMALAI [FOR INFORMATION].

3 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE,CHETPET POLICE STATION,TIRUVANNAMALAI,TIRUVANNAMALAI DISTRICT.

5 THE SUPERINTENDENT,CENTRAL PRISON, VELLORE.

+1 CC to M/S.B.MAHENDRA NAIDU Advocate on payment of necessarycharges SR NO 8732

CRL OP.20882/2020

Date :30/12/2020

MN-30/12/2020