B.Nandakumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN B.Nandakumar

...Petitioner

Vs.

State Rep. by:

The Inspector of Police, K-1, Sembium Police Station, Chennai.

(Crime No.513 of 2022) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No. 513 of 2022 pending investigation before the respondent police. For Petitioner :Mr.Y.Dhanasekar For Respondent :Mr.A.Damodaran Additional Public Prosecutor 1/6

ORDER

The petitioner, was arrested and remanded to judicial custody on 25.07.2022 for the offences punishable under Sections 306 of IPC in crime No.513 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is the husband of the deceased and they had two children. It is alleged that the petitioner along with his family members harassed the deceased by demanding huge dowry, due to which, the deceased had committed suicide leaving behind her two children. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and there is no demand of dowry as alleged. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner along with his family members harassed the defacto complainant by demanding huge dowry, due to which, the deceased committed suicide. Hence, he opposed for grant of bail to the petitioner. 2/6

5. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of arrest i.e., 25.07.2022, this Court is inclined to grant bail to the petitioner.

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 blood sureties, each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, Chennai 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 twice daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and thereafter as and when required for interrogation. [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.

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[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.

24.08.2022 Sma To 1.V Metropolitan Magistrate, 4/6

Egmore, Chennai.

2.The Inspector of Police, K-1, Sembium Police Station, Chennai.

3.Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras G.K.ILANTHIRAIYAN, J.

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Sma Crl.O.P.No.19694 of 2022 24.08.2022 6/6