Madras High CourtCRL OP(MD)/12923/2017ordered

Suresh Gandhi v. The Inspector Of Police

2017-09-27Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.12923 of 2017 SURESH GANDHI ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE THANJAVUR EAST POLICE STATION, THANJAVUR.

(CR.NO. 328/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : MR.K.S.DURAIPANDIAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / sole accused, who was arrested on 18.08.2017, for the offences punishable under Section 174 Cr.P.C., altered in to Section 306 IPC., in Crime No.328 of 2017, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to wordy quarrel with the petitioner, the deceased committed suicide. Based on the complaint, the case was registered against the petitioner/husband of the deceased.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent / Police.

4. The learned counsel for the petitioner would submit that the petitioner is no way connected with the crime and he is an innocent person and he has been falsely implicated in this case.

5. The learned Additional Public Prosecutor submitted that the petitioner has committed serious offence and since the investigation is still pending, he opposed for granting bail to the petitioner.

6. Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by the petitioner, this Court is inclined to grant bail to the petitioner. 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 Judicial Magistrate No.I, Thanjavur;

(ii)the petitioner is directed to appear before the respondent police daily at 10.30 a.m. until further orders; (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial;

(v)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/- 27/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, THANJAVUR EAST POLICE STATION, THANJAVUR.

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

+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.31643

ORDER

IN CRL OP(MD) No.12923 of 2017 Date :27/09/2017 MKV-CM-MSA-SAR 3/28.09.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/