Paruvatham, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8421 of 2017 PARUVATHAM, ... PETITIONER / ACCUSED No.A2 Vs The State Rep.by THE INSPECTOR OF POLICE, CHATRAKUDI POLICE STATION, RAMANATHAPURAM DISTRICT. (CRIME NO.114 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R. JEGADEESWARAN Advocate For Respondent : Mr.A.Ramar, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner / A2, who was arrested on 31.05.2017 for the offences punishable under Section 306 IPC in Crime No.114 of 2017 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the deceased went to see her mother-in-law, who was taking treatment in a hospital, the petitioner and other accused ill treated her for not taking care of her mother-in-law and hence, she committed suicide by consuming poison in her parental home.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 31.05.2017 onwards.
4.The learned Additional Public Prosecutor on instruction would submit that totally there are 5 accused and the petitioner is arrayed as A2 in this case. He also submitted that A1, A3, A4 and A5 were granted anticipatory bail by this Court in Crl.O.P.(MD) No.6784 of 2017 dated 06.07.2017. He further submitted that investigation is still pending.
5.Considering the facts and circumstances of the case and considering the period incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:
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(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 Judicial Magistrate, Paramakudi, Ramanathapuram District; (ii)the petitioner is directed to appear before the respondent police daily at 10.30 a.m. until further orders; (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial;
(v)on breach of any of the aforesaid conditions, the 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 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/- 05/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE PARAMAKUDI, RAMANATHAPURAM DISTRICT 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, CHATRAKUDI POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE OFFICERS INCHARGE, WOMEN PRISON, PARAMAKUDI, RAMANATHAPURAM DISTRICT.
+1. CC to M/S. R. JEGADEESWARAN Advocate SR.No.25920 SM:CM-MSA:SAR 4:6.7.2017:2P/7C
ORDER
IN CRL OP(MD) No.8421 of 2017 Date :05/07/2017 https://hcservices.ecourts.gov.in/hcservices/