Muppidathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2998 of 2015 MUPPIDATHI ... PETITIONER/ ACCUSED RANK NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE CHINNAKOILANKULAM POLICE STATION, SANKARANKOVIL, TIRUNELVELI DT, CRIME NO.125/2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.K.RAJENDIRAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, 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 19.01.2015, for the offence punishable under Section 174 of the Code of Criminal Procedure @ Section 306 of the Indian Penal Code, in Crime No.125 of 2014, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased - Murugalakshmi got married to the first accused - Gurusamy, six months prior to the date of incident. On 25.06.2014, Murugalakshmi consumed poison and committed suicide. Thereafter, this petitioner, who is the brother of Gurusamy was arrested on 19.01.2015. In the enquiry conducted by the Revenue Divisional Officer, there is no allegation of dowry death. Therefore, the case has been registered under Section 306 of the Indian Penal Code.

3. In such circumstances, this Court is inclined to grant bail to the petitioner. 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 satisfaction of the learned Judicial Magistrate, Sankarankovil and on further condition that: [a] the petitioner shall report before the respondent police daily at 06.30 p.m. for a period of two 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.

https://hcservices.ecourts.gov.in/hcservices/ [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].

The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not. sd/- 23/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISATRATE,SANKARANKOVIL.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE CHINNAKOILANKULAM POLICE STATION, SANKARANKOVIL, TIRUNELVELI DISTRICT.

+1. CC to M/S.B.K.RAJENDIRAN Advocate SR.No.8213

ORDER

IN CRL OP(MD) No.2998 of 2015 Date :23/02/2015 rg.24.02.2015 2p.6c.

https://hcservices.ecourts.gov.in/hcservices/