Ananthakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5236 of 2018 ANANTHAKUMAR ... PETITIONER / ACCUSED No.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI (CRIME NO.189 OF 2018).

... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.S.DURAIPANDIAN Advocate For Respondent : M/S.PRABU RAMACHANDRAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as Accused No.1. He was arrested on 08.02.2018 by the respondent police and remanded to judicial custody. The case against him is for the offence punishable under Section 174 Cr.P.C. @ 306 IPC, in Crime No.189 of 2018, on the file of the respondent police. He seeks bail.

2.The petitioner's wife committed suicide on 07.02.2018 by hanging. The petitioner is working as Assistant Professor in American College at Madurai.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) submitted that the petitioner is having illegal intimacy with another lady and tortured the deceased along with other accused and the investigation is still pending.

5.Considering the nature of allegations levelled against the petitioner and also considering the fact that he is in judicial custody from 08.02.2018, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions:

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(i) 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 learned Judicial Magistrate No.II, Madurai.

(ii)The petitioner shall appear before the respondent police as and when required for interrogation.

(iii) The petitioner shall not abscond.

(iv)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/- 05/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-II MADURAI.

2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.S.DURAIPANDIAN, Advocate SR.No.5474.

ORDER

IN CRL OP(MD) No.5236 of 2018 Date :05/04/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/CM:VR/SAR.1/05.04.2018/2P/7C