Iyyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21026 of 2015 IYYAPPAN ... PETITIONER / ACCUSED Vs STATE REP. BY ITS THE INSPECTOR OF POLICE VICKRAMASINGAPURAM POLICE STATION, TIRUNELVELI DISTRICT.

IN CR.NO.252 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S P.SUBBARAJ, Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec.439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 09.10.2015 for the alleged offences punishable under Section 174(3) Cr.P.C. altered into Section 306 IPC, in Crime No.252 of 2015 on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that the deceased is the wife of the petitioner and the petitioner often quarrelled with the deceased in the drunken mood and had illegal intimacy with another lady. The deceased could not tolerate the same, took an extreme step to commit suicide by way of hanging, thereby the petitioner committed the offence under Section 302 IPC.

3.The learned counsel for the petitioner submitted that the deceased is the wife of the petitioner and he is working in Thermal Power Plant at Tuticorin. As per the FIR, due to petty quarrel, she committed suicide, when the petitioner was on his work. The petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

4.The learned Government Advocate (Crl.side) submitted that the petitioner is the husband of the deceased and he often quarrelled with https://hcservices.ecourts.gov.in/hcservices/ the deceased and that the investigation is pending.

5.Considering the facts and circumstances of the case and also considering the fact that the investigation is pending, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on each of them 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, Ambasamuthiram, Tirunelveli District and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders.

sd/- 03/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, AMBASAMUTHIRAM, TIRUNELVELI DISTRICT.

2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI

4. THE INSPECTOR OF POLICE VICKRAMASINGAPURAM POLICE STATION, TIRUNELVELI DISTRICT.

5.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S P.SUBBARAJ, Advocate SR.No.64499. SM/ARK/SAR-I:04.11.2015/2P:7C

ORDER

IN CRL OP(MD) No.21026 of 2015 Date :03/11/2015 https://hcservices.ecourts.gov.in/hcservices/