Vellaichamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13010 of 2016 VELLAICHAMY ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE PALANI TOWN POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.504 OF 2016 ..RESPONDENT/COMPLAINANT For Petitioner : M/S P.MAHENDRAN Advocate For Respondent : Mr.P.KANNITHEVAN, Government 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, who was arrested and remanded to judicial custody on 22.06.2016 for the alleged offence punishable under Section Sections 174 Cr.P.C. @ 306 I.P.C., in Crime No.504 of 2016, on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the petitioner induced the deceased to commit suicide.

3. The case of the petitioner is that the petitioner is not responsible for the suicide committed by the deceased and the petitioner is in judicial custody from 22.06.2016.

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

5. The learned Government Advocate (Crl.side) submitted that this Court, by order dated 11.07.2016, dismissed the Crl.O.P.(MD). No.10928 of 2016 filed by the petitioner.

6. Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 22.06.2016, 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: (i) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two https://hcservices.ecourts.gov.in/hcservices/

sureties for a like sum to the satisfaction of the learned Judicial Magistrate, Palani, Dindigul District.

(ii) the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders.

(iii) the petitioner shall not tamper with 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 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].

7. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. sd/- 28/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PALANI, DINDIGUL DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, PALANI TOWN POLICE STATION, DINDIGUL DISTRICT.

5 THE OFFICER-IN-CHARGE, SUB JAIL, PALANI, DINDIGUL DISTRICT. +1. CC to M/S P.MAHENDRAN Advocate SR.No.40271 ORDER IN CRL OP(MD) No.13010 of 2016 Date :28/07/2016 PBK/NGM-MP/SAR-III 28/07/2016 ::2P-7C::

https://hcservices.ecourts.gov.in/hcservices/