Munirajulu @ Muni Venkatappa v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.05.2021

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA CRL.OP.No.9363/2021 Munirajulu @ Muni Venkatappa .. Petitioner

Versus

State: Represented by, The Sub Inspector of Police Vaniyambadi Taluk Police Station, Vaniyambadi, Vellore.

Crime No.105 of 2021 .. Respondent Prayer:- Criminal Original Petition filed under Section 439 of the Code of Criminal Procedure seeking to enlarge the petitioner on bail in Crime No.105 of 2021 on the file of the respondent. For Petitioner : Mr.S.Yogarajasekar For Respondent : Mr.E.Rajthilak Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.03.2021 for the offences punishable under Sections 498 A and 306 of IPC in Crime No.105/2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that petitioner who is the husband of the deceased suspected the fidelity of the deceased, as a result of which she committed suicide on 27.03.2021. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and is in judicial custody since 27.03.2021.

4.The learned Government Advocate (Crl. Side) strongly opposes this petition on the ground that the Medical Examination Reports are awaited and that the investigation has not been completed and hence, prayed for dismissal of this petition. 5.Considering the period of incarceration and also the present COVID - 19 pandemic situation, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) The petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- ( Rupees ten thousand only), before the Superintendent, Central Prison, Vellore and thereafter on his release;

(b) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate Court, Vaniyambadi, within a period of 15 days from the date of the commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand cancelled automatically;

(c) 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. (d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

(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 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].

(h) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/05/2021 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, VANIYAMBADI.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUB INSPECTOR OF POLICE, VANIYAMBADI TALUK POLICE STATION, VANIYAMBADI, VELLORE.

+1CC to M/S.M.VINOTH Advocate on payment of necessary charges SR.NO.6285 CRL OP.9363/2021 Date :19/05/2021 MK:21/05/2021