Elumalai, M/A 40 v. State By

CRL.O.P.No.21301 of 2016 S.VAIDYANATHAN, J The petitioner, who was arrested and remanded to judicial custody on 26.07.2016 for the alleged offence punishable under Section 306 IPC in Crime No.200 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 07.11.2015, the petitioner and his wife had a wordy quarrel with the deceased Suresh in engaging an autorickshaw and the dispute in paying the fare. Therefore, the victim felt insulted and as a result, he committed suicide by consuming poision.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

4. Learned counsel for the petitioner submitted that the petitioner is innocent of the offence alleged against him and he is in custody for the past more than 70 days.

5. Considering the facts and circumstances of the case and the period of incarceration undergone by the petitioner, and also taking note of the fact that the investigation is almost completed, as stated by the learned Government Advocate, this Court is of the view that custodial interrogation of the petitioner is not required at this stage. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions:

(i) the petitioner shall execute 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, Kallakurichi, Villupuram District. (ii) the petitioner is directed to appear before the respondent police daily

at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation by the respondent police;

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

(iv) the petitioner shall not abscond either during investigation or trial; (v) upon breach of any of the aforesaid conditions, the 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 Magistrate himself/Trial Court, as laid down by the Supreme Court in the case of P.K.Shaji Vs. State of Kerala (AIR 2005 SCW 5560). cs 06.10.2016

S.VAIDYANATHAN,J cs Crl.O.P.No.21301 of 2016 06.10.2016