Murugesh @ M.Murugeshan And Others vs State

G.Chandrasekharan, J

The petitioners, who were arrested and remanded to judicial custody on 08.07.2023 for the offences punishable under Sections 294(b), 448 & 307 of IPC in Crime No.170 of 2023, on the file of the respondent police seeks bail.

The learned counsel for the petitioners submitted that, victim Manjunath namely defacto complainant's son and 1st petitioner's wife are partners in Nursery Firm. Manjunath developed illegal intimacy with the wife of the 1st petitioner. When it came to light, 1st petitioner's wife committed suicide. Thereafter, there is some dispute with the running of business. As a sequel, it is alleged that, victim was assaulted by the accused, who are the petitioners in this case. Petitioners are in Judicial Custody from 08.07.202. Thus, he seeks bail.

In response, learned Government Advocate (Crl. Side) submitted that, due to enmity, on 07.07.2023 at about 10.30.p.m., accused came to scene of crime and scolded the defacto complainant's son in filthy language and also attacked him using sickle. As a result, he suffered injuries and was treated in the hospital and discharged.

Considering the nature, facts and circumstances of the case and the background in which the incident had happened and that the injured had been discharged from the hospital that the petitioner is in Judicial Custody from 08.07.2023 and that material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioners.

Accordingly, the petitioners are ordered to be released on bail on their 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, Denkanikottai 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 Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30.a.m., until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 229A IPC.