S.Santhakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.258 of 2015 S.SANTHAKUMAR ... PETITIONER/ACCUSED-1 Vs THE STATE REP BY THE INSPECTOR OF POLICE TOWN POLICE STATION, RAMESWARAM , RAMANATHAPURAM DIST, CR.NO.54/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.BALAMURUGAPANDI 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 08.11.2014 for the offence punishable under Section 174 Cr.P.C. @ 302 I.P.C in Crime No.54 of 2014 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that this petitioner married the deceased Shanthi in the year 2007 and they had two children through the wedlock and it appears that there is some misunderstanding between the couples and on 29.04.2014, this petitioner is alleged to have strangulated his wife and thereafter he has made to appear as if she has committed suicide by hanging. This petitioner was arrested on 08.11.2014 and the other accused viz., the mother and the sister of this petitioner, who were arrested, have already been released on bail.

3. Heard the learned Counsel for the petitioner.

4. The learned Government Advocate(Crl.Side) would submit that the investigation is almost completed.

5. Taking into consideration the facts and circumstances of the case and since the investigation is almost completed, I am inclined to grant bail to this 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, each for a like sum to the https://hcservices.ecourts.gov.in/hcservices/

satisfaction of the learned Judicial Magistrate, Rameswaram, Ramanathapuram and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter, 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/- 27/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAMESWARAM, RAMANATHAPURAM 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE TOWN POLICE STATION, RAMESWARAM , RAMANATHAPURAM DIST, 4 THE OFFICER-IN-CHARGE SUB-JAIL, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.BALAMURUGAPANDI Advocate SR.No.3368

ORDER

IN CRL OP(MD) No.258 of 2015 Date :27/01/2015 NA/28/01/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/