Madras High CourtCRL OP(MD)/3926/2017ordered

Sannasi, v. The Inspector Of Police,

2017-04-12Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.3926 of 2017 1 SANNASI 2 MGR @ CHINNAMARIAPPAN ... PETITIONER/ ACCUSED 2 & 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, PASUVANTHANAI POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.43 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.DEENADHAYALAN Advocate For Respondent :M/S K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/A2 and A3, who were arrested and remanded to judicial custody on 11.03.2017 for the alleged offences punishable under Section 174 Cr.P.C. and Section 306 I.P.C., in Crime No.43 of 2016 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the daughter of the defacto-complainant one Veeralakshmi, who has committed suicide by self immolation in her parental home on 26.04.2016. On investigation, the prosecution has found that these two petitioners are the root cause for the suicide committed by the victim girl. Therefore, they were arrested on 11.03.2017. From the materials secured by the respondent police, it appears that when A1 was in the house of the deceased, suspecting the fidelity of the deceased, these petitioners have alerted the villagers after confining the victim and A1 inside the house. Hence, the victim girl committed suicide.

3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl. Side) appearing for the respondent on instructions would submit that the investigation is almost completed.

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5. Considering the above facts and circumstances of the case and also considering the period of incarceration of the accused in the jail, this Court is inclined to grant bail to the petitioners with certain condition. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions: (i) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kovilpatti; (ii) the petitioners shall 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. sd/- 12/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II,KOVILPATTI.

2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI. 3.THE SUPERINDENT,CENTRAL PRISON,PALAYANKOTTAI. 4.THE INSPECTOR OF POLICE, PASUVANTHANAI POLICE STATION,THOOTHUKUDI DISTRICT. 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.20012

ORDER

IN CRL OP(MD) No.3926 of 2017 Date :12/04/2017 MS/PM.PN/SAR.4/12.04.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/