Santhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN

1. SANTHI

2. VIJAYA

3. MURUGAN @ MURUGESAN

4. CHITHAMBARAM

5. NATESAN @ NATARAJAN

6. CHINNATHAMBI @ KARUPPAIAH

7. RENGASAMY @ RENGARAJ ... PETITIONERS/ACCUSED 1 TO 7 VS STATE REP. BY THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

CRIME NO.468/2020.

... RESPONDENT/COMPLAINANT For Petitioners : M/s.M.Saravanan, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no.468 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners herein were arrested on 15.06.2020 for the alleged offences under Sections 174(3) of Cr.P.C and 143,176,201 of IPC and Section 51(b) of DM Act @ Sections 306,176,201 of IPC and Section 51(b) of DM Act.

2. The case of the prosecution is that on 11.06.2020 the daughter of the first accused committed suicide by hanging and subsequently without informing the same to the police and revenue peoples the petitioners herein cremated the body. 1/3

3. The learned counsel for the petitioners would submit that the petitioners are mother and close relative of the deceased. He would also submit that the deceased was in love in one Vivek, since it was objected by the petitioners herein she committed suicide by hanging.

4. The learned Government Advocate(Crl.Side) would submit that the deceased committed suicide by hanging and the petitioners herein without informing the police have conducted cremation.

5. Taking note of the above facts and circumstances of the case and also taking note of the relationship of the petitioners with the deceased ad also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioners subject to the following conditions: 6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Alangudi i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity 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. iv) the petitioners shall not abscond during 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]. vi) If the petitioners/accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 10/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, ALANGUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, TRICHY.

5 THE OFFICER INCHARGE, SUB JAIL, ARANTHANGI.

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

ORDER

IN CRL OP(MD) No.6886 of 2020 Date :10/07/2020 AAV JM/PN/SAR 2/10.07.2020/3P/7C 3/3