Mariraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Mariraj ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi District.
(Crime No.23/2023)..
... Respondent/Complainant For Petitioner : M/s.Prabhu K, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.23/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner /sole accused who was arrested and remanded to judicial custody on 18.02.2023 for the offences under sections 174(3) Cr.P.C @ 306 of IPC in Crime No.23 of 2023 on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioner and the deceased loved each other and the marriage was solemized between the petitioner and the deceased on 22.01.2018. After marriage the petitioner suspected the fidelity of te deceased and harassed her. Hence the deceased committed suicide by hanging on 17.02.2023 in the matrimonial home, hence the case.
3. Heard both sides and perused the materials available on record including the First Information Report.
4. The petitioner is the husband and due to quarrel between the husband and wife the victim committed suicide by hanging in the matrimonial home by herself. Initially FIR was registered under section 174 (3) of Cr.P.C and subsequently altered to section 306 of IPC. Further the compaint has been lodged by the mother of the 1/3
deceased. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on bail on condition 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, Sankarankovil and on further conditions that:
[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [c] the petitioner shall report before the respondent police daily at 10.30 A.M. and 5.30P.M., for a period of four weeks and thereafter as and when required for interrogation. [d] the petitioner shall not commit any offences of similar nature.
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Judicial 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 23/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
aav TO 1.THE JUDICIAL MAGISTRATE, SANKARANKOVIL.
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2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4 THE INSPECTOR OF POLICE, SANKARANKOVIL TALUK POLICE STATION, TENKASI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.PRABHU, Advocate ( SR-4680[I] dated 23/03/2023 )
ORDER
IN CRL OP(MD) No.5405 of 2023 Date :23/03/2023 RK/MMS/SAR-(23/03/2023) 3P/7C 3/3