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Madras High CourtCRL OP(MD)/4928/2020granted

Sathish @ Sathish Kumar v. The Inspector Of Police

2020-03-19Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/03/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN Sathish @ Sathish Kumar ... Petitioner/ Sole Accused Vs State Rep. by The Inspector of Police, Kattuputhur Police Station, Kattuputhur, Trichy District.

(Crime No.17/2020) ... Respondent/Complainant For Petitioner : M/s.K.Arunraj, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.17 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

2. The petitioner is in custody since 28.01.2020 for the offence punishable under section 174(3) of Cr.P.C., @ 306 of IPC, in Crime No.17 of 2020 on the file of the respondent police. He seeks bail.

3. The petitioner got married to the victim only recently. He appears to have suspected the fidelity of his wife. Therefore, she committed suicide by hanging.

4. I am of the view that the continued incarceration of the petitioner is not going to serve any purpose.

5. Taking note of the facts and circumstances of this case, I am 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 sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court, Musiri.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) 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/- 19/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MUSIRI.

2. THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3. THE OFFICER INCHARGE, SUB JAIL, MUSIRI.

4. THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, KATTUPUTHUR, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.4928 of 2020 Date :19/03/2020 RMI SRS/ JC/ SAR-III/ 24.03.2020/ 2P/6C