Madras High CourtCRL OP(MD)/2159/2016ordered

Dhanus Kodi v. The Inspector Of Police

2016-02-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2159 of 2016 1 DHANUS KODI 2 RENGANAYAKI ... PETITIONERS/ACCUSED 1 & 2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE PONNAMARAVATHY POLICE STATION, (IN CR.NO. 17 OF 2016) PUDUKKOTTAI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioners : MR.A.PRASANNA RAJADURAI for MR.S.MUTHAL RAJ 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 19.01.2016 for the offences punishable under Section 306 IPC in Crime No.17 of 2016, on the file of the respondent police, seek bail.

2. Heard Mr.S.Muthalraj, learned counsel appearing for the petitioner and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State. Mr.K.Balasubramaniyan, Special Sub Inspector of Police, Ponnamaravathy Police Station is present.

3.It is seen that the deceased Isaimathi was married to Nagarathinam and they both lived in Singapore, after marriage. Isaimathi came to India on 14.01.2016 and she committed suicide on 16.01.2016. The Revenue Divisional Officer's Report clearly discloses that there is no dowry harassment. Under such circumstances, I am of the opinion that this is a fit case to grant https://hcservices.ecourts.gov.in/hcservices/ bail to the petitioners.

4. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions:

(I) the petitioners 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 Judicial Magistrate, Thirumayam, Pudukottai District;

(ii) the petitioners shall report before the respondent police as and when required for interrogation.

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioners shall not abscond either during investigation or trial.

(v) 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/- 10/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM, PUDUKOTTAI DISTRICT. 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE PONNAMARAVATHY POLICE STATION, PUDUKKOTTAI DISTRICT. 5 THE OFFICER-IN-CHARGE, DISTRICT PRISON, PUDUKKOTTAI.

6 THE OFFICER-IN-CHARGE, SPECIAL PRISON FOR WOMEN, TRICHY DISTRICT. +1. CC to M/S.NA.PALANIYANDI, Advocate SR.No.7889 akm/10.02.2016/2p-8c/jgb/dp/SAR-I ORDER IN CRL OP(MD) No.2159 of 2016 Date :10/02/2016 https://hcservices.ecourts.gov.in/hcservices/