Mathavan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3709 of 2021 Mathavan ... Petitioner Vs.

State rep. by The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai, Nagapattinam District.

Crime No.1677 of 2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1677 of 2020 on the file of the respondent police. For Petitioner : Mr.C.T.Saravanan For Respondent : Mrs.M. Prabhavathi, APP

O R D E R

(The case has been heard through video conference) The Petitioner, who was arrested and remanded to judicial custody on 22.12.2020 for the offence punishable under Sections 306 of IPC in Crime No.1677 of 2020, seeks bail.

2. The petitioner is the sole accused. The case of the prosecution is that the marriage between the petitioner and the deceased took place 14 years back. Due to wordy quarrel, deceased committed suicide by pouring kerosene and setting fire on her. Hence, a complaint came to be registered.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He is in jail from 22.12.2020. Hence, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is a drunkard. He regularly scolded the deceased in filthy language and doubted her fidelity. Hence, she committed suicide by pouring kerosene and set fire on her. She would further submit that the investigation is almost completed. Hence, she opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstance of the case, and the fact that investigation is almost completed and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) 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-I, Mayiladuthurai, and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial 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 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]; (h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 25/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, MAYILADUTHURAI.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION] 3 THE SUPERINTENDENT, DISTRICT JAIL, NAGAPATTINAM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI, NAGAPATTINAM DISTRICT.

+1 CC to M/S.C.T.SARAVANAN Advocate on payment of necessary charges SR.No.2305 CRL OP.3709/2021 Date :25/02/2021 cs 26/02/2021