Rajakumaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11537 of 2022 RAJAKUMARAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, KARUVEPPILANKURICHI POLICE STATION, CUDDALORE DISTRICT.

(CRIME NO.425/2022) For Petitioner : M/S M.SELVAM Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 03.04.2022 for the altered offences under Sections 498-A, 306 IPC in Crime No.425 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner got married to the deceased during September 2021. Within a span of six months, the deceased committed suicide by hanging on 30.03.2022. The petitioner who is the husband, has been arrayed as A1 and the motherin-law has been arrayed as A2. The complaint was given by the brother of the deceased.

3. Heard Mr.M.Selvam, learned counsel for the petitioner and Mr.S.Santhosh, learned Government Advocate (Criminal Side) for the respondent.

4. A careful reading of the complaint given by the brother of the deceased shows that there was some wordy quarrel between the deceased and the petitioner regarding fish that was not cooked and served to the petitioner and other family members. On the very same day, the deceased is said to have committed suicide by hanging. 5.Taking into consideration of the facts and circumstances of the case and also of the fact that the petitioner has already suffered incarceration for nearly 45 days, this Court is inclined to enlarge the petitioner on bail by imposing certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on he executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-II, Vridhachalam, and on further conditions that :- [a] 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. [b] the petitioner shall report before the respondent police on every Monday and Friday at 6.30 p.m until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[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 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/- 18/05/2022 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-II, VRIDHACHALAM.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT [FOR INFORMATION] 3 THE STATION HOUSE OFFICER, KARUVEPPILANKURICHI POLICE STATION , CUDDALORE DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, VRIDHACHALAM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S M.SELVAM Advocate on payment of necessary charges SR.NO.7358 CRL OP.11537/2022 Date :18/05/2022 CSK 19/05/2022