Madras High CourtCRL OP(MD)/6061/2020ordered

Kumaravel v. The Inspector Of Police

2020-06-12Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.6061 of 2020 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.6061 of 2020 Kumaravel ... Petitioner/Sole Accused Vs The State rep. by The Inspector of Police, Musiri Police Station, Cr No.319/2020, Trichy District.

... Respondent/Complainant For Petitioner : M/s. M.Subash Babu, 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.319 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(Crl. Side) appearing for the respondent.

2. The petitioner is the sole accused. He was arrested and remanded to Judicial Custody on 06.04.2020 for the offences punishable under sections 174(3) @ 306 of I.P.C., in Crime No.319 of 2020 on the file of the respondent police. He seeks bail.

3. The marriage between the petitioner and the victim took place in the year 2016. A male child was born through the wedlock. The petitioner's counsel categorically states that the child is very much with the petitioner's family.

4. Taking note of the said aspects, 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 be released on own bond by the Magistrate without insisting on sureties. However, the 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, after the concerned Court is reopened on regular basis. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6061 of 2020 (ii)the 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 petitioner in accordance with law as if the conditions have been imposed and the 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.

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, TIRUCHIRAPPALLI DISTRICT.

2 -DO- THRO THE CHEIFJUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.

3 THE INSPECTOR OF POLICE MUSIRI POLICE STATION, TRICHY DISTRICT 4 THE SUPERINTENDENT OF POLICE, CENTRAL PRISON, TRICHY.

5 THE ADDITONAL PUBLICPROSECUTOR, MADURAI BENCH OF MADRAS HIGH CORUT, MADURAI.

ORDER

IN CRL OP(MD) No.6061 of 2020 Date :12/06/2020 https://hcservices.ecourts.gov.in/hcservices/ PD/JC/SAR 3/15.06.2020/2P/6C 2/2