N.Manimaran v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.09.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN N.Manimaran ..Petitioner Vs.

State Rep by its, The Inspector of Police, B-8, Pullarambakkam Police Station, Thiruvallur.

Crime No.283 of 2023.

...Respondent

PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with Crime No.283 of 2023 on the file of the Respondent Police. For Petitioner : Mr.S.Suresh For Respondent : Mr.S.Rajakumar Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.07.2023 for the offences punishable under Sections 294 (b), 323, 498 (A) @ 294 (b), 323, 498 (A), 306 I.P.C., in Crime No.283 of 2023, on the file of the respondent police seeks bail. 1/5

2.It is the submission of the learned counsel for the petitioner that deceased is petitioner's wife. Due to petty family quarrel, deceased committed suicide by self immolation. Petitioner is falsely implicated in this case. He is in judicial custody from 20.07.2023. Thus, he seeks bail for the petitioner.

3. In response, learned Additional Public Prosecutor submitted that petitioner and deceased got married fifteen years back and they have girl children. Petitioner had illicit intimacy with Samundeeswari for the reason that deceased and petitioner had no male child. Due to this illicit intimacy, there used to be frequent quarrel between deceased and petitioner. As a result, on 19.07.2023, deceased poured kerosene over her and set fire. Petitioner was responsible for the suicide of the deceased. 4.In the circumstances stated in the First Information Report, the fact that substantial part of investigation in this case might have been completed by this time and having regard to the duration of petitioner's judicial custody from 20.07.2023, this Court is inclined to grant bail to the petitioner with conditions.

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5.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the Additional Mahila Court, Thiruvallur, 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 daily at 10.00.a.m., until further orders.

[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. [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 3/5

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. G.CHANDRASEKHARAN.

J.

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

19.09.2023 ep To 1.Additional Mahila Court, Thiruvallur.

2.The Inspector of Police, B-8, Pullarambakkam Police Station, Thiruvallur.

3. Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras 4/5

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