Pandiganapathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18721 of 2018 PANDIGANAPATHY ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, MADURAI.

IN CRIME NO.519 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.MANOHARAN Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 25.08.2018 for the offences punishable under Section 306 of I.P.C., in crime No.519 of 2018, on the file of the respondent police seeks bail.

2.The case of the prosecution is that the deceased fell in love with the petitioner and till 2007, they studied together and thereafter, the petitioner went abroad with a false promise that he will marry her. After returning to India, the petitioner and his family members refused to marry her and the petitioner along with others attacked the deceased on 21.08.2018 and thereafter, on 24.08.2018, she committed suicide by hanging herself. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that admittedly, the petitioner fell in love with the deceased and because of the objection raised by the family members, he requested the deceased to wait for sometime to marry her. In the meantime, the deceased without trusting the words of the petitioner, she committed suicide herself that too after three days from the attack as alleged by the prosecution. Therefore, he sought for bail. 4.The learned Additional Public Prosecutor would submit that there was a suicidal note written by the deceased, in which, she has categorically written that the petitioner and his family members https://hcservices.ecourts.gov.in/hcservices/

were the responsible for her death. He would further submit that the petitioner refused to marry her and on 21.08.2018, the petitioner and others attacked the deceased and the investigation is pending.

5.Considering the fact and circumstances of the case, this Court is of the view that in the suicidal note, there are no words uttered by the deceased to die and considering the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i)the petitioner shall 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 Additional Mahila Court, Madurai; (ii) the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

sd/- 22/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDGE, THE ADDITIONAL MAHILA COURT, MADURAI.

2. THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, MADURAI.

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.R.MANOHARAN Advocate SR.No.19938

ORDER

IN CRL OP(MD) No.18721 of 2018 Date :22/10/2018 MS/PN/SAR-4/22.10.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/