Sivaraj v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.18037 of 2021 Sivaraj ... Petitioner Vs.
State represented by The Inspector of Police, ... Respondent Jamunamarathur Police Station, Thiruvannamalai District.
(Crime No.202 of 2021).
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.202 of 2021 on the file of the respondent police.
For Petitioner : Mr.S.Rajesh For Respondent : Mr.A. Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested on 12.08.2021 and remanded to judicial custody for the offences under Sections 174(3) of Cr.P.C altered into 306 of I.P.C in Crime No.202 of 2021 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner married the deceased three years before and due to the said wedlock they have one child aged about 2.5 years. While so there was some matrimonial dispute between them, due to which the deceased fell into the well and lost her life. Hence the law enforcing agency registered a case against the petitioner.
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 12.08.2021. Therefore, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the deceased who is the husband of the petitioner tortured the deceased by demanding dowry from her, due to which the deceased committed suicide. He further submits that there is no previous case pending against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.
5. Considering the facts of the case and the petitioner has to take care of the child and there is no previous case pending against the petitioner and also taking note of 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 two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Polur 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/- 29/09/2021 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, POLUR.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVANNAMALAI DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, JAMUNAMARATHUR POLICE STATION, THIRUVANNAMALAI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, TIRUVANNAMALAI.
5 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
CC to M/S. S.RAJESH Advocate on payment of necessary charges CRL OP.18037/2021 Date :29/09/2021 INBA 29/09/2021