Maheswaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.924 of 2021 Maheswaran, ... Petitioner/Sole Accused State through Vs The Inspector of Police, Kalayarkovil Town Police Station, Sivagangai, Cr No. 15/2021. ... Respondent/Complainant For Petitioner : M/s.Parthiban.M.S, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.15/2021 on the file of the respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Section 306 of IPC., in Crime No.15 of 2021, on the file of the respondent police, seeks anticipatory bail.
3. The learned counsel appearing for the petitioner submits that there was a dispute between the husband and wife because of illegal relation of wife, the husband consumed poison and died. The petitioner has not committed any offence, as alleged by the prosecution and he is an innocent.
4. The learned Government Advocate (crl.side) appearing for the respondent Police, on instructions, would submit that on 14.01.2021, the petitioner / accused abused the defacto complainant's husband Muniyadevan, due to which, he consumed poison and died. Hence, the case. The investigation is under progress.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions;
https://hcservices.ecourts.gov.in/hcservices/
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Sivaganga, Sivaganga District, on condition that the petitioner shall 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioner and 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., for a period of two weeks and thereafter as and when required for interrogation.
(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/- 16.02.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
MPK TO
1. The Judicial Magistrate No.I, Sivaganga, Sivaganga District.
2. -Do- Thro The Chief Judicial Magistrate, Sivagangai District.
3. The Inspector of Police, Kalayarkovil Town Police Station, Sivagangai,
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL OP(MD) No.924 of 2021 Date : 16/02/2021 VB JC SAR 3(19.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/