Rajendiran v. State Rep By The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.9925 of 2021 Rajendiran ... Petitioner Vs.
State represented by its, The Sub Inspector of Police, Polur Police Station, Thiruvannamalai District.
(Crime No.292 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to release the petitioner on bail pending investigation in Crime No.292 of 2021 on the file of the respondent. For Petitioner : Mr. V.R. Appaswamee For Respondent : Mr.A. Gopinath Government Advocate
ORDER
The petitioner who was arrested on 12.05.2021 and remanded to judicial custody for the offences under Sections 174(3) of Cr.P.C subsequently altered to Sections 294(b), 323, 306 of I.P.C in Cr.No.292 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner married the deceased during the year 2019. Thereafter, the petitioner said to have harassed the deceased by demanding dowry. Due to which the deceased committed suicide by hanging. Based on the complaint given by the mother of the deceased the case came to be registered.
3. The learned counsel for the petitioner submits that the petitioner never demanded dowry from the deceased. He further submits that on knowing the illegal relationship of her mother, the deceased committed suicide by hanging. The petitioner has been in jail from 12.05.2021, therefore, he prays to grant bail to the petitioner.
4. The learned Government Advocate(Crl side) would submit the investigation is almost completed and the RDO enquiry report reveals that there is no dowry demand.
5. Taking into consideration the fact that there is no allegation of dowry demand and investigation is almost completed and also considering the period of incarceration suffered by the petitioner 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 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of the Central Prison, Vellore, 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 Rs.
10,000/- (Rupees Ten Thousand only) with two sureties each for like sum to the satisfaction of the learned Judicial Magistrate, Polur, (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 week 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.
(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/- 15/06/2021 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, POLUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUB INSPECTOR OF POLICE, POLUR POLICE STATION, THIRUVANNAMALAI DISTRICT.
+1 CC to M/S V.R.APPASWAMEE Advocate on payment of necessary charges SR.No.6483 CRL OP.9925/2021 Date :15/06/2021 cs 16/06/2021