Balaji v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Balaji S/o. Bhaskaran

...Petitioner/Accused

Vs.

State represented by The Station House Officer, Annamalai Nagar Police Station, Cuddalore District.

(Crime No.216 of 2023) ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.216 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner/accused in Crime No.216 of 2023, registered by the respondent police originally under Section 174(3) Cr.P.C., and subsequently, altered to Section 306 of IPC, seeks bail. The petitioner had been remanded to custody on 02.01.2024.

2.It is stated that the deceased is the wife of the petitioner herein. She was a young girl studying I year Degree Course at Annamalai University. The marriage between the deceased and the petitioner took place on 05.07.2023. On 22.09.2023, she had consumed rat killing paste and on the next day, she vomited and taken to hospital but during the course of treatment, she died.

3.A suicide note had been recovered and this Court had the benefit of reading the same. Taking all the factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions: 4.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 Judicial Magistrate No.I, Chidambaram, and on further conditions 2/4

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 petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner 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 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 229A IPC.

31.01.2024 ata C.V.KARTHIKEYAN.

J.

3/4

ata To

1. The Judicial Magistrate No.I, Chidambaram.

2. The Central Prison, Cuddalore.

3.The Station House Officer, Annamalai Nagar Police Station, Cuddalore District.

4.The Public Prosecutor, High Court of Madras.

31.01.2024 4/4