Sennakesavan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.17035 of 2021 Sennakesavan ... Petitioner Vs.
The State Rep by, The Inspector of Police, Magudnachavadi Police Station, Salem District.
... Respondent (Crime No.322 of 2017) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.322 of 2017 on the file of the respondent police. For Petitioner : Mr.T. N. Rangesh Kanna For Respondent : Mr.A.Gopinath Government Advocate (Crl side)
ORDER
The petitioner who was arrested on 25.07.2021 and remanded to judicial custody for the offence under Section 174(3) of Cr.P.C altered to and 498(A) and 306 of IPC, in Crime No.322 of 2017 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner married the deceased on 19.10.2016. Thereafter the petitioner often quarreled with her and tortured her by demanding dowry. Due to harassment made by the petitioner the deceased committed suicide by hanging on 13.08.2017. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 25.07.2021. Therefore, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no previous case pending against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.
5.Considering the fact and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this 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 with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sankari 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 17/09/2021 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 NO.II, SANKARI.
2 THE CHIEF JUDICIAL MAGISTRATE, SALEM DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, MAGUDNACHAVADI POLICE STATION, SALEM DISTRICT.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
CC to M/S.T.N.RANGESH KANNA Advocate on payment of necessary charges CRL OP.17035/2021 Date :17/09/2021 INBA 20/09/2021