S. Srinivasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23546 of 2015 S. SRINIVASAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE VENGAMEDU POLICE STATION, KARUR DISTRICT, CR NO.274/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.MATHIYALAGAN Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, in Crime No.274 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 306 IPC and hence, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged the complaint before the respondent police on 28.11.2015 stating that her son Kadhar Ali died in the Government Hospital at Karur and subsequently, she came to know about that her son purchased provision from the petitioner's shop for a sum of Rs.1,300/- and he did not pay the same and the petitioner demanded the amount from the said Kadhar Ali and due to that on 24.11.2015 he consumed poison and committed suicide and the case has been registered for the offence under Section 306 IPC. 3.The case of the petitioner is that the petitioner is running a small provision shop at Vengamedu and the deceased Kadhar Ali married one Rehana and she is from the State of Maharashtra and the defacto complainant is the mother of the deceased. She did not accept the marriage and the deceased was living with the said Rehana at Vengamedu. Due to family dispute, the deceased consumed poison and he died and the petitioner is innocent and he has no way connected with the alleged offence.

4. Considering the facts and circumstances of the case and also considering the fact that the petitioner is only the owner of provision shop, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate NO.I, Karur, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) https://hcservices.ecourts.gov.in/hcservices/

with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 5.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 11/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE KARUR DISTRICT 3 THE INSPECTOR OF POLICE VENGAMEDU POLICE STATION, KARUR DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.MATHIYALAGAN Advocate SR.No.71176.

ORDER

IN CRL OP(MD) No.23546 of 2015 Date :11/12/2015 AM/15.12.2015/NGM.SS/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/