Sundarapandian @ Tamilsingam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twenty Seventh day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.6227 of 2019 SUNDARAPANDIAN @ TAMILSINGAM ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO.175/2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.PRABU, Advocate For Respondent : Mr.S.CHANDRASEKAR, Additional Public Prosecutor 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 since 27.03.2019 for the offences punishable under Section 302 of Crime No. 175 of 2019, on the file of the respondent police, seeks bail.
2. The petitioner herein is the brother of the deceased. The case of the prosecution since the deceased refused to live with her husband and not agreed for re-union, on 27.03.2019 quarrel arose in between them and during quarrel the petitioner attacked her sister with aruval, thereby she sustained injuries and died. Hence the complainant..
3.The learned for the petitioner would submit that the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is innocent. He would also submit that when he questioned about the immoral character of his sister, there was a wordy quarrel, in which the petitioner assaulted his sister and she died.
4.The learned Additional Public Prosecutor would submit that there is no previous case pending against the petitioner and investigation is almost completed.
https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and considering the period of incarceration and also considering the
fact that there is no case pending against the petitioner, this Court is inclined to grant bail to the petitioner. 6.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, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tirunelveli 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 until further orders;
(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/- 27/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.I, TIRUENLVELI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUENLVELI DISTRICT.
3. THE SUPERINTENDENT,CENTRAL PRISON, PALYAMKOTTAI, TIRUENLVELI.
4. THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.M.PRABU Advocate SR.No.7554
ORDER
IN CRL OP(MD) No.6227 of 2019 Date :27/04/2019 MS/PN/SAR-4/27.04.2019/2P.7C https://hcservices.ecourts.gov.in/hcservices/