N.Ushal v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.15640 of 2021 N. Ushal ... Petitioner Vs.

The State Rep by The Inspector of Police, Desur Police Station, Thiruvannamalai District (Crime No.255 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending investigation in Crime No.255 of 2021 on the file of the respondent police.

For Petitioner : Mr.Girija Velmurugan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested on 31.07.2021 and remanded to judicial custody for the offences under Section 306 of IPC in Crime No.255 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased is the wife of the petitioner and there was no child for them, due to which altercation arose in the petitioner's family and the deceased committed suicide by self- immolation on 30.07.2021. Based on the complaint given by the mother of the deceased, the law enforcing agency registered a case against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He further submits that the petitioner has been jail from 30.07.2021. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the petitioner tortured the deceased, due to which the deceased committed

suicide by self-immolation. Hence, he opposed for grant of bail to the petitioner.

5. Considering the submission made by the petitioner and also considering the period of incarceration suffered by the petitioner, this Court Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Court, Vandavasi and on further condition 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, daily at 10.30 a.m. until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 13/09/2021 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, VASNDAVASI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, DESUR POLICE STATION, THIRUVANNAMALAI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, POLOUR PRISON, TIRUVANNAMALAI CC to M/S.M.VELMURUGAN Advocate on payment of necessary charges Sr.9919 CRL OP.15640/2021 Date :13/09/2021 RVR 14/09/2021