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Madras High CourtCRL OP/4347/2016granted

Arivalagan v. State Rep. By

2016-03-15Honourable Mr Justice K. Kalyanasundaram2 pages

Crl.O.P.No.4347 of 2016 K.KALYANASUNDARAM, J.

The petitioner, who is arrayed as A-1, was arrested and remanded to judicial custody on 27.01.2016 for an alleged offence punishable under Section 174[iii] Cr.P.C. and subsequently altered into Section 304[B] of IPC in Crime No.151 of 2015 on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that the petitioner / A-1 married the deceased about three years prior to the occurrence and out of the wedlock, they are having a male child. While so, the deceased committed suicide due to dowry harassment made by the petitioner and other accused. 3.Learned counsel appearing for the petitioner would submit that the deceased was not satisfied with the lesser share allotted in the family partition and so, the petitioner was not responsible for the act committed by the deceased. It is further submitted that A-2 was already released on bail by the learned Principal Sessions Judge, Salem on 15.02.2016.

K.KALYANASUNDARAM, J.

sri 4.Per contra, learned Government Advocate [Criminal Side] appearing for the respondent submitted that the report of R.D.O. would reveal that the deceased committed suicide due to dowry harassment. It is further submitted that the case is also committed to sessions for trial. 5.Considering the facts and circumstances of the 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 Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a like sum, to the satisfaction of the learned Judicial Magistrate No.I, Attur and on further condition that the petitioner shall report before the respondent police daily at 10.00a.m. until further orders. 15.03.2016 sri Crl.O.P.No.4347 of 2016