Sathish Kumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2022

CORAM:

THE HON'BLE Dr JUSTICE G.JAYACHANDRAN Crl.O.P.No.5471 of 2022 Sathish Kumar .. Petitioner Vs.

State rep. by The Inspector of Police, Kundrathur Police Station, Kanchipuram.

(Crime No.71 of 2022) .. 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.71 of 2022 on the file of the respondent police.

For Petitioner : Mr.S.Sathish Rajan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested for the offences punishable under Sections 376, 417 and 506(i) of IPC in Crime No.71 of 2022, on the file of the respondent police, seeks bail. 2.The defacto complainant has alleged that she had intimacy with the petitioner herein nearly for two years believing his promise that he will marry her. However, after two years of relationship, the petitioner herein has refused to marry her and therefore, she consumed rat poison and committed suicide however, saved due to timely intervention by the doctors.

3.Learned counsel for the petitioner states that the petitioner herein had a love affair with the defacto complainant but later after break, he has nothing to do with the suicide committed by the defacto complainant. The petitioner was arrested on 25.01.2022 for the alleged offences under sections 376, 417 and 506(i) of I.P.C. The victim girl was subjected to medical examination and report awaited.

4.Considering the nature of the complaint and the present stage of the investigation, bail is granted to the petitioner and he is ordered to be released on bail subject to the following conditions; (a) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumbudur.

(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 Investigating Officer daily at 10.30 a.m. until further orders. (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 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.

-sd/- 09/03/2022 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, SRIPERUMBUDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION]

3 INSPECTOR OF POLICE KUNDRATHUR POLICE STATION, KANCHEEPURAM.

4 THE SUPERINTENDENT, CENTRAL JAIL, PUZHAL.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2CC to M/S.S.SATHISH RAJAN Advocate on payment of necessary charges SR.No.3606 CRL OP.5471/2022 Date :09/03/2022 CSK 09/03/2022