V. Kandasamy v. State Rep By Sub-Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15941 of 2015 V. KANDASAMY ... PETITIONER / ACCUSED Vs THE STATE REP BY SUB-INSPECTOR OF POLICE, KULATHUR POLICE STATION, THOOTHUKUDI DISTRICT, IN CRIME NO. 92/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.RAJIV RUFUS Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the sole accused in Crime No.92 of 2015 on the file of the respondent police, was arrested on 24.07.2015 for the alleged offence punishable under Section 306 of I.P.C., and hence, seeks bail.

2. According to the de-facto complainant, Varadha Lakshmi, that the accused had married her daughter Murugalakhsmi 10 years ago and for the past one year, they were living apart due to matrimonial dispute and her daughter was working as a contract labour at Government Hospital, Tuticorin and the accused used to go and scold her in an inebriated mood and due to which, she committed suicide on 09.02.2015 by consuming hair dye.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and it is further submitted that even as per the prosecution case, the accused and the deceased were living separately for more than one year and the ingredients for offence 306 I.P.C., is totally absent in this case.

4. The learned Government Advocate (Crl.side) opposed the bail petition stating that he was arrested only on 24.07.2015 and the investigation is at initial stage.

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5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his executing 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, Vilathikulam, Thoothukudi District and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders.

sd/- 18/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, VILATHIKULAM, THOOTHUKUDI.

2.THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI.

3.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE SUB-INSPECTOR OF POLICE, KULATHUR POLICE STATION, THOOTHUKUDI DISTRICT.

5.THE OFFICER INCHARGE, SUB JAIL, KOVILPATTI.

+1. CC to M/S.V.RAJIV RUFUS Advocate SR.No.47383

ORDER

IN CRL OP(MD) No.15941 of 2015 Date :18/08/2015 rg.18.08.2015 2p.7c.

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