Dharmalingam @ Dharman v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.12.2023
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.29020 of 2023 Dharmalingam @ Dharman ... Petitioner Vs.
The State rep by The Inspector of Police, Mahendramangalam Police Station, Dharmapuri.
Crime No.158 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in Crime No.158 of 2023 pending on the file of the respondent police. For Petitioner : Mr.M.R.Elavarasan For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor.
ORDER
The petitioner who was arrested and remanded to judicial custody on 20.11.2023, seeks bail in Crime No.158 of 2023, which was registered by 1/5
the respondent Police for the offences under Sections 174(3) of Cr.P.C @ 498(A) and 306 of I.P.C.
2.The case of the prosecution is that the petitioner and the daugther of the defacto-complainant got married out of love and affection and they have one male child. Due to the addiction of alcohol, the petitioner created some problem with his wife/deceased and humiliated her and unable to bare the humiliation, the daughter of the defacto-complainant has committed suicide by hanging. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that there is absolutely no allegation of abetment on the part of the petitioner. He further submitted that the petitioner has been in judicial custody from 20.11.2023. Hence, he seeks for granting bail to the petitioner.
4.The learned Additional Public Prosecutor for the respondent submitted that the investigation has been completed and DRO enquiry has also been completed and awaiting for the report. She further submits that the petitioner has no previous case. However, she opposed for granting of bail to the petitioner.
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5.Heard both side and perused the materials available on record. 6.Considering the rival submissions made on either side and taking into consideration the period of incarceration undergone by the petitioner and also considering that the investigation has been completed, I am inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 learned Judicial Magistrate, Palacode and on further conditions that: [b] the petitioner shall report before the respondent police, daily at 10.00 A.M. untill further orders.
[c] the petitioner shall not commit any offences of similar nature. [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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
28.12.2023 vkr/apd To
1. The Judicial Magistrate, Palacode.
2. The Inspector of Police, Mahendramangalam Police Station, Dharmapuri.
3.The Sub Jail, Dharmapuri.
4. The Public Prosecutor, High Court of Madras.
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P.DHANABAL, J.
vkr/apd Crl.O.P.No.29020 of 2023 28.12.2023 5/5