M. Sankar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1843 of 2016 1 M. SANKAR 2 SEKAR ..PETITIONERS/ACCUSED 1 & 2 Vs.
STATE REP.BY THE INSPECTOR OF POLICE UDAYALIPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.
(CR.NO. 73/2015) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.D.RAMESHKUMAR Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 20.01.2016 for the offences punishable under Sections 498-A, 306 and 302 IPC in Crime No.73 of 2015 on the file of the respondent police, seek bail.
2. It is the case of the prosecution that the deceased Rajalakshmi was married to Rajendran and they have one female child through the wedlock. The said Rajendran is working in Pune and has been sending money to his deceased wife. It appears that on 08.08.2015, the deceased and her child found missing and her in-laws approached the parents of the deceased to find out whether she had come there. Both the families searched the deceased and the dead bodies of the deceased and her eight month old male child were found in the nearby well. It appears that the deceased Rajalakshmi committed suicide by jumping into the well with her female child. On the complaint of Chelladurai, who is the father of the deceased, the respondent police registered the case in Crime No.73 of 2015 on 08.08.2015 under Section 174 Cr.P.
C and the Revenue Divisional Officer conducted an enquiry. The enquiry report of the Revenue Divisional Officer shows that there is some dowry harassment. Thereafter, during police enquiry, the allegation has been made that the in-laws have subjected the deceased Rajalakshmi to cruelty, on account of which, she committed suicide. Under such circumstances, the present petitioners, who are brothers-in-law of the deceased and brothers of Rajendran, were arrested on 20.01.2016.
3. It should be seen that even at the earliest point of time, when the complaint was lodged by Chelladurai the father of the deceased, there is no whisper on any harassment much less sexual harassment by any one.
https://hcservices.ecourts.gov.in/hcservices/
4. Taking into consideration the nature of allegation, this Court is of the view that it is a fit case to grant bail to the petitioners. the petitioners are ordered to be released on bail on their executing a separate 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, Keeranur, and on further condition that:
[a] the petitioners shall report before the respondent police every day at 6.30 p.m until further orders.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 22/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, KEERANUR.
2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE UDAYALIPATTI POLICE STATION, PUDUKKOTTAI DISTRICT. 5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. +1. CC to M/S D.RAMESHKUMAR Advocate SR.No.10017 akm/22.02.2016/2p-7c/SKN/SK/SAR-I
ORDER
IN CRL OP(MD) No.1843 of 2016 Date :22/02/2016 https://hcservices.ecourts.gov.in/hcservices/