Muthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.21778 of 2014 1 MUTHU 2 S.MURUGESWARAN 3 BOSE 4 TAMILSELVI 5 SELVI ... PETITIONERS / ACCUSED NOS. 1 TO 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KARIAPATTY POLICE STATION, VIRUDHUNAGAR DISTRICT.
CRIME NO.283 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner :M/S.S.J.CHAKRAVARTHY,Advocate for M/S.EDDY AND EMBOSS LAW FIRM Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Section 306 IPC in Crime No.283 of 2014 on the file of the respondent police, seek anticipatory bail.
2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the State. The Investigating Officer is also present in this Court.
3. The case of the prosecution is that the 1st petitioner was married to the deceased sometime in the year 2001 and they have four children. It is alleged that the deceased was addicted to liquor and was also taking treatment. While so, he attempted to commit suicide by hanging on 01.11.2014, but was saved and subsequently, he died on 08.11.2014.
4. It is not the case of the prosecution that these petitioners committed any of the act as required under Section 107 IPC for abetting suicide of the deceased. Therefore, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aruppukkottai, Virudhunagar District, on condition that each of 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 respondent police or the https://hcservices.ecourts.gov.in/hcservices/
police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police as and when required for interrogation.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 06/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.
2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.
3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4.THE INSPECTOR OF POLICE KARIAPATTY POLICE STATION, VIRUDHUNAGAR DISTRICT.
+1. CC to M/S.EDDY AND EMBOSS LAW FIRM Advocate SR.No.294
ORDER
IN CRL OP(MD) No.21778 of 2014 Date :06/01/2015 RG.08.01.2015 2P.6C.
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