Sanjivi @ Sansuvaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5808 of 2020 1.Sanjivi @ Sansuvaraj

2. Pappathi

...Petitioners/Accused No.1 & 2

Vs State rep by The Inspector of Police, Musiri Police Station, Trichy District.

(Crime No.745 of 2020).

... Respondent/Complainant For Petitioner : M/s.K.Sivabalan, Advocate.

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

PRAYER :- For Bail in Crime No. 745 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner's counsel seeks leave to withdraw this petition as regards the first petitioner.

3. This petition is dismissed as withdrawn as regards the first petitioner is concerned.

4. The second petitioner is arrayed as accused No.2. He was arrested and remanded to Judicial Custody on 25.04.2020 for the offences punishable under sections 174(3) of Cr.P.C. @ 306 of I.P.C., in Crime No.745 of 2020 on the file of the respondent police. He seeks bail.

5. The deceased is none other than the daughter-in-law of the petitioners.

6. Considering the age of the second petitioner and the fact that the continued incarceration of the second petitioner is not

going to serve any purpose, I am inclined to enlarge the second petitioner on bail with certain conditions. Accordingly, the second petitioner is ordered to be released on bail, subject to the following conditions;

(i) the second petitioner shall be released on own bond by the Magistrate without insisting on sureties. However, the second petitioner is directed to 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, Musiri, Trichy, after the concerned Court is reopened on regular basis. (ii)the second 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 second petitioner in accordance with law as if the conditions have been imposed and the second 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/- 12.06.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PMU Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO

1. The Judicial Magistrate, Musiri, Trichy.

2. -Do- Through The Chief Judicial Magistrate, Trichy.

3. The Superintendent, Central Prison, Trichy.

4. The Superintendent, Special Prison for Women, Trichy.

5. The Inspector of Police, Musiri Police Station, Trichy District.

(Crime No.745 of 2020).

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.5808 of 2020 Date : 12/06/2020 VB SKN SAR3(15.06.2020) 3P 7C