Govindaraj v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.20120 of 2021 Govindaraj ... Petitioner Vs.
The Inspector of Police, Vaazhapadi Police Station, Salem District.
(Crime No.186 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C prayed to enlarge the petitioner on bail concerned in Crime No.186 of 2021 pending investigation on the file of the respondent. For Petitioner : Mr.Karan and Uday For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested and remanded to judicial custody on 22.09.2021 for the offences under Sections 174(3) of Cr.P.C altered Sec. 498(A), 304(b) of IPC, in Crime No.186 of 2021 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. Further, the petitioner along with his family members had harassed and demanded dowry from her, due to which, she committed suicide by hanging. Hence, the complaint.
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 22.09.2021. Hence he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that there is no previous case pending as against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.
5. Considering the period of incarceration suffered by the petitioner and the petitioner has to take care of the two children and there is no previous case, 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 District Munsif cum Judicial Magistrate, Vaazhapadi, Salem District, 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/- 27/10/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VAAZHAPADI, SALEM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, SALEM DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, VAAZHAPADI POLICE STATION, SALEM DISTRICT.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL JAIL, SALEM.
+1 CC to M/S. KARAN AND UDAY Advocate on payment of necessary charges SR.NO.11905 CRL OP.20120/2021 Date :27/10/2021 INBA-28/10/2021