Veemaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1709 of 2015 VEEMARAJ ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE UTCHIPULI POLICE STATION, RAMANATHAPURAM DT.

CR.NO. 29 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.VEERA KATHIRAVAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 26.01.2015, for the offence punishable under Sections 174 Cr.Pc and 306 of the Indian Penal Code, in Crime No.29 of 2015, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the daughter of the petitioner married to a person said to be of prohibited degree of relationship, as he was in the position of her brother. This was objected to by the petitioner and he had scolded his daughter on 01.01.2015, for having married him. On 23.01.2015, the daughter of this petitioner consumed poison and committed suicide. Initially, the case was registered under Section 174 of the Code of Criminal Procedure and thereafter, it was altered into one under Section 306 of the Indian Penal Code, on 26.01.2015 and this petitioner was arrested on the same day.

3. It is not the case of the prosecution that this petitioner had, in any way, committed any act, as required under Section 107 of the Indian Penal Code for abetting the offence of suicide. As a father, he had upbraided his daughter for having contracted such a marriage. Under such circumstances, this Court is inclined to grant bail to the petitioner.

4. 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, II, Ramanathapuram and on further condition that:

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[a] the petitioner shall report before the respondent police as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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/- 10/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NO.II, RAMANATHAPURAM 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE UTCHIPULI POLICE STATION, RAMANATHAPURAM DT.

4 THE OFFICER-IN-CHARGE DISTRICT JAIL, RAMANATHAPURAM 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.VEERA KATHIRAVAN Advocate SR.No.6041

ORDER

IN CRL OP(MD) No.1709 of 2015 Date :10/02/2015 NA/11/02/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/