Senthamil v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM:

THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.4904 of 2022 Senthamil .. Petitioner Vs.

The State rep. by The Inspector of Police, Harur Police Station, Dharmapuri District.

(Crime No.813 of 2021) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.813 of 2021 on the file of the respondent police. For Petitioner : Mr.J.Pradeep For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioner, who was arrested for the offences punishable under Sections 174(3) of Cr.P.C. and Section 306 of IPC in Crime No.813 of 2021, on the file of the respondent police, seeks bail.

2. The petitioner is the husband of the deceased who committed suicide and the police suspecting that the petitioner has abetted his wife whom he married three years ago, to commit suicide. Hence, he was arrested on 01.01.2022 and for the past 60 days, he is in prison.

3. Learned Additional Public Prosecutor appearing for the respondent submitted that the investigation is yet to be completed and therefore, bail should not be granted. However, it appears that RDO enquiry is also completed and report filed and the substantial portion of investigation is over. Hence, this Court is inclined to grant bail to the petitioner subject to certain conditions. 4.Considering the rival submissions, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute 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, Harur, Dharmapuri District.

(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 is directed to appear before the respondent police daily at 10.30 a.m. for one month or filing of final report whichever is earlier.

(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 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 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.

-sd/- 01/03/2022 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, HARUR, DHARMAPURI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI(FOR INFORMATION) 3 INSPECTOR OF POLICE, HARUR POLICE STATION, DHARMAPURI DISTRICT

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL JAIL, SALEM CC to M/S J.PRADEEP Advocate on payment of necessary charges CRL OP.4904/2022 Date :01/03/2022 RVR 02/03/2022