J.Jayakanth v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2023

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.18419 of 2023 J.Jayakanth .. Petitioner Vs.

The State rep. by Sub Inspector of Police, Keelapalur Police Station, Ariyalur District, Crime No. 163 /2023.

.. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner/Accused on bail, in Crime No.163 of 2023 pending investigation before the respondent police station. For Petitioner : Mr.C.Mohanraj For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor ******** 1/5

ORDER

The petitioner was arrested on 19.07.2023 in consequence to the First Information Report registered in Crime No. 163 of 2023 dated 17.07.2023 in connection with suicidal death of one Karthiga.

2. The suicide note and cell phone recovered let to inference that the petitioner herein had love affairs with the deceased Karthiga, but later he refused to marry, which has forced Karthiga to commit suicide by hanging.

3. This court on perusing the records finds that, nearly 25 days has passed and investigation is yet to complete. The Police is investigating in the line that the petitioner has abated Karthiga to commit suicide. The suicide note on the face of it does not indicate that there was abatement directly by this petitioner. As a reason, this Court is of the view that the petitioner may be granted bail. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions; (a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, 2/5

each for a like sum, to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Ariyalur; (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner is directed to report before the respondent police on everyday at 10.30 a.m., until further orders;

(d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Judicial 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 3/5

Dr.G.JAYACHANDRAN, J.

nsl/rpl as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

14.08.2023 nsl/rpl To 1.The Judicial Magistrate, Additional Mahila Court, Ariyalur. 2.The Sub Inspector of Police, Keelapalur Police Station, Ariyalur District, 3.The Sub Jail, Ariyalur District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.18419 of 2023 4/5

03.04.2023 5/5