Gurusamy v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.641 of 2015 GURUSAMY ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE SANKARANKOVIL TOWN POLIC STATION, TIRUNELVELI DT. CR.NO.703 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.INDRACHITHU 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 25.11.2014, for the offences punishable under Sections 309, 307 and 302 IPC in Crime No.703 of 2014 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was in penury and due to acute he decided to commit suicide enmasse with his two children. He consumed poison and administered poison to his children. However, on account of medical treatment, this petitioner and one child were saved, but one child died.

3. Taking into consideration of the above facts, I am inclined to grant bail to this petitioner.

4. 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 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. [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 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].

sd/- 22/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE,SANKARANKOVIL.

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

4. THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI. 5.THE SUB INSPECTOR OF POLICE SANKARANKOVIL TOWN POLIC STATION, TIRUNELVELI DISTRICT. +1. CC to M/S.T.INDRACHITHU Advocate SR.No.2641

ORDER

IN CRL OP(MD) No.641 of 2015 Date :22/01/2015 rg.22.01.2015 2p.7c.

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