Ravi v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.05.2022

CORAM:

THE HON'BLE Mr. JUSTICE A.A.NAKKIRAN Crl.O.P.No.11136 of 2022 Ravi ... Petitioner Vs.

State By ... Respondent The Inspector of Police, Veppankuppam Police Station, Anaicut Taluk, Vellore District.

(Crime No.51 of 2022) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to order enlarge the Petitioner on bail in PRC No.20 of 2022 on the file of the learned Judicial Magistrate - III, Vellore in Crime No.51 of 2022 pending on the file of the Respondent Police. For Petitioner : M/s.S.P.Arthi For Respondent : Mr.L.Baskaran Government Advocate (Crl.side)

ORDER

The petitioner was arrested on 17.02.2022 for the offence punishable under Section 302 IPC @ 302 and 201 of IPC in Crime No.51 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that, on 16.02.2022 the deceased called her brother / the defacto complainant herein over phone and informed him that she wanted to leave her matrimonial home and come to her parental house, but immediately on the next day, the defacto complainant was informed that his sister has committed suicide. Hence the complaint.

3.Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that due to wordy quarrel between him and his wife, his wife had committed suicide when he was not present

in the house. He would further add that the petitioner has been suffering incarceration from 17.02.2022. Accordingly prays for grant of bail to the petitioner.

4.Learned Government Advocate (Crl. Side) appearing for the respondent police would vehemently oppose stating that the petitioner had demanded dowry from the deceased, due to which, there was a wordy quarrel between the accused and his wife, thereby, the petitioner had strangulated the neck of the deceased and murdered her. He added that investigation is still pending and R.T.O report is awaited. They have also examined 12 to 13 witnesses in this case. 5.Considering the fact that the petitioner has suffered incarceration from 17.02.2022 and the respondent police have also examined 13 witnesses in this case, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner 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 - III, Vellore.

(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 report before the respondent police once in a week for interrogation; (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 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 be registered under Section 229A IPC.

-sd/- 12/05/2022 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, NO.III, VELLORE.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE VEPPANKUPPAM POLICE STATION, ANAICUT TALUK, VELLORE DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

CC to M/S. S.P.ARTHI Advocate on payment of necessary charges CRL OP.11136/2022 Date :12/05/2022 TA-16/05/2022