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Madras High CourtCRL OP(MD)/1598/2020granted

Kathiresan v. The Inspector Of Police

2020-02-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1598 of 2020 Kathiresan, ... Petitioner/Accused No.1 Vs State Rep by The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District Cr No.153/2019.

... Respondent/Complainant For Petitioner : M/s.S.Vanchinathan, Advocate.

For Respondent : Ms.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for bail in Crime No.153 of 2019 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 is in custody since 02.01.2020 for the offences under Sections 174(3) of Cr.P.C altered into Section 306 and 498(A) of IPC in Crime No. 153 of 2019 on the file of the respondent police. He seeks bail.

3. The petitioner's wife committed suicide. The petitioner is having two children. They are now with the parents of the deceased. 4.The learned counsel for the petitioner on instructions states that the petitioner will deposit a sum of Rs.5,000/-(Rupees Five Thousand only) every month in the bank account of his mother-in-law https://hcservices.ecourts.gov.in/hcservices/ 1/2

towards maintenance of his children.

5.If this undertaking is breached, the bail now granted will stand cancelled. Recording the said undertaking of the petitioner, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) 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 learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) 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]. sd/- 05/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.The Judicial Magistrate, Thiruvadanai, Ramanathapuram District.

2. DO Through The Chief Judicial Magistrate, Ramanathapuram. 3.The Officer Incharge, District Jail, Ramanathapuram. 4.The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.VANCHINATHAN, Advocate ( SR-2362[I] ) ORDER IN CRL OP(MD) No.1598 of 2020 Date : 05/02/2020 TR/SKN/SAR-1(05.02.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2