S.Inbarasan v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.616 of 2017 S.INBARASAN ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, VEDASANTHUR POLICE STATION, DINDUGUL CRIME NO.354 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.CHANDRAKUMAR Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 04.01.2017 for the offences punishable under Section 174 Cr.P.C. @ 306 IPC in Crime No.354 of 2016 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that due to harassment at the hands of the husband of the deceased, the de facto complainant's daughter committed suicide by hanging on 14.08.2016. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner and the deceased namely, Sharmila studied in the same college and both of them were only friends and after marriage in the year 2014, the deceased has no contact with the petitioner. He also submitted that in the complaint, the de facto complainant, who is the father of the deceased, stated that due to some dispute between Sharmila and her husband, she committed suicide at her matrimonial home and the petitioner was arrayed as accused only in the alteration report. 4.The learned Government Advocate (crl.side) appearing for the respondent submitted that in the RDO report, there is mention with regard to dowry harassment and investigation is completed and charge sheet is yet to be filed.
5.Considering the facts and circumstances of the case and also https://hcservices.ecourts.gov.in/hcservices/
considering the fact that investigation is completed, this Court is inclined to grant bail to the petitioner subject to certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail on his executing 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, Vedasanthur, and on further condition that:
[a] the petitioner shall report before the respondent Police daily at 10.30 a.m., and on receipt of summons from the concerned Court, he shall report before the concerned Court daily at 10.30 a.m., until further orders.
[b] the petitioner shall not tamper with evidence or witness during trial.
[c] the petitioner shall not abscond during trial. [d] 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/- 30/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, VEDASANTHUR, DINDIGUL DISTRICT. 2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE INSPECTOR OF POLICE, VEDASANTHUR POLICE STATION, DINDUGUL 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE OFFICER IN CHARGE, DISTRICT JAIL, DINDIGUL. +1. CC to M/S.A.CHANDRAKUMAR Advocate SR.No.4709
ORDER
IN CRL OP(MD) No.616 of 2017 Date :30/01/2017 NBJ CSL/EM-MPA/SAR-II/30.01.2017 :2P/7C https://hcservices.ecourts.gov.in/hcservices/