Ragul v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ragul ..Petitioner Vs.

State represented by The Inspector of Police, Ariyoor Police Station, Vellore District.

(Crime No.07 of 2024). ...Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.07 of 2024 on the file of the respondent police.

For Petitioner : Mr.S.Silambuselvan For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.01.2024 for the offences originally registered by the respondent 1/5

Police under Section 174(3) Cr.P.C and subsequently, altered to Sections 306 and 498(A) IPC in Crime No.07 of 2024 on the file of the respondent, seeks bail.

2.The case of the prosecution is that the petitioner had married the deceased on 21.05.2022. It is stated that there was frequent domestic quarrel between two of them. On 11.01.2024, the deceased died by committing suicide by hanging.

3.The report of the Revenue Divisional Officer had been perused by this Court and a finding had been given that the suicide was not owing to demand for dowry.

4.A status report relating to the investigation had also been filed wherein it had been stated that the investigation has progressed to a substantial extent.

5.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.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 2/5

of the learned Judicial Magistrate No.I, Vellore 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 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 3/5

be registered under Section 229A IPC.

20.03.2024 vkr To 1.The Judicial Magistrate No.I, Vellore.

2. The Central Prison, Vellore.

3.The Inspector of Police, Ariyoor Police Station, Vellore District.

4.The Public Prosecutor, High Court of Madras. C.V.KARTHIKEYAN.

J.

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