Dr.Muthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5510 of 2018 MUTHU ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, PUDUKKOTTAI DISTRICT (CRIME NO. 31 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.ANANDAKUMAR Advocate For Respondent : PRABU RAMACHANDRAN Govt. Advocate ( Crl. Side) For Intervenor : MR.SATHYA CHIDAMBARAM Advocate PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is shown as Accused No.3. He was arrested and remanded to judicial custody on 28.03.2018 for the offences punishable under Section 174 Cr.P.C., @ 306 I.P.C., in Crime No.31 of 2018 on the file of the respondent police. He seeks bail. 2.The petitioner is running a hospital. The deceased was working as a nurse in the said hospital. It appears that the deceased was found talking to one Manikandan in the earlier hours on 28.03.2018 and that this was condemned by the watchman as well as the petitioner herein. The deceased feeling ashamed and embarrassed had committed suicide thereafter. Therefore, the respondent police registered a case under Section 306 I.P.C.

3. The learned counsel appearing for the intervenor opposed grant of bail to the petitioner.

4.However considering the nature of allegation levelled against the petitioner and the fact that the petitioner did not misbehave with the deceased, 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; https://hcservices.ecourts.gov.in/hcservices/

(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, Aranthangi.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)on breach of any of the aforesaid conditions, the 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 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/- 09/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE OFFICER IN CHARGE, DISTRICT PRISON, PUDUKKOTTAI.

4 THE INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, PUDUKKOTTAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.N.ANANDAKUMAR Advocate SR.No.5696

ORDER

IN CRL OP(MD) No.5510 of 2018 Date :09/04/2018 MKV-CM-SAR 3/9.4.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/