B.Rajapriyan v. The State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10635 of 2021 B.Rajapriyan ... Petitioner Vs.
The State rep by its, ... Respondent The Inspector of Police, All Women Police Station, Salem Town.
(Crime No.32 of 2021) Prayer:
Petition filed under Section 439 of Cr.P.C., seeking to enlarge on bail to the petitioner in connection with Crime No.32 of 2021 on the file of the respondent police.
For Petitioner : No Appearance For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
The petitioner who was arrested and remanded to judicial custody for the offence under Sections 498(A), 294(b), 355, 506(i) of I.P.C. and Section 4 of Tamilnadu Prevention Women Harassment Act altered to Section 306 IPC in Cr.No.32 of 2021 on the file of the respondent police, seeks bail.
2.It is the case of the prosecution that due to the harassment made by the petitioner, his wife committed suicide. 3.The learned counsel appearing for the petitioner is absent. 4.The learned Government Advocate (Crl. Side) submitted that investigation is almost completed and charge sheet is to be filed. 5.Considering the facts and circumstances of the case and the fact that investigation is almost completed, I am inclined to grant bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail on the following conditions:
(a) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) before the Superintendent of Central Prison, Salem, in which the petitioner is confined and on such execution the petitioner shall be released from prison; (b) within a period of four weeks after the release, the petitioner shall 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, Additional Mahila Court, Salem;
(c) in case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioner is permitted to file appropriate petition within a period of four weeks therefrom before the concerned Magistrate for extension of time for executing the bond along with sureties and if any such application is filed, the concerned Magistrate shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated; (d)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; (e)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;
(f)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g)the petitioner shall not abscond either during investigation or trial;
(h)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]; and; (i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 21/06/2021 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, ADDITIONAL MAHILA COURT, SALEM.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SALEM TOWN.
5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
+1 CC to M/S. E.C.RAMESH Advocate on payment of necessary charges SR.NO.6654 CRL OP.10635/2021 Date :21/06/2021 TA-22/06/2021