Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3090 of 2015 1 MANIKANDAN 2 KANJANA 3 PRABAKARAN ... PETITIONER(S) / ACCUSED 1 to 3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE CHINNALAPATTI POLICE STATION, DINDIGUL DISTRICT. (CR.NO.39 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.J.LAWRANCE Advocate For Respondent : M/S.A.P.BALASUBRAMANI Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 23.01.2015, for the offence punishable under Sections 498(A) and 304(B) of the Indian Penal Code, in Crime No.39 of 2015, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the first petitioner got married to the deceased and they have one child through the wedlock and on account of matrimonial discord, they got separated. On 21.01.2015, the deceased committed suicide by hanging. During the enquiry conducted by the Revenue Divisional Officer, it came to light that she was subjected to dowry harassment. The first petitioner is the husband of the deceased and the petitioners 2 and 3 are the parents-in-law of the deceased. Since the petitioners are in incarceration from 21.01.2015, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail on their 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, No.III, Dindigul and on further condition that:

[a] the petitioners 1 and 3 shall report before the respondent police, twice a day daily at 10.30 a.m. and 6.30 p.m, for a period of four weeks and thereafter as and when required for interrogation. The second petitioner shall appear before the respondent police as and when required for interrogation.

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[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].

The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioners are complying with the order or not. sd/- 02/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.III, DINDIGUL. 2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE CHINNALAPATTI POLICE STATION, DINDIGUL DISTRICT. 5 THE OFFICER INCHARGE, SUB JAIL, DINDIGUL. 6 THE OFFICER INCHARGE, SUB JAIL FOR WOMEN, NILAKOTTAI. +1. CC to M/S.J.LAWRANCE Advocate SR.No.9841. TS/02.03.2015/2P-8C

ORDER

IN CRL OP(MD) No.3090 of 2015 Date :02/03/2015 https://hcservices.ecourts.gov.in/hcservices/