Sathish Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Sathish Kumar, ... Petitioner/Accused No.1 Vs THE STATE REP BY, The Inspector of Police, Uthappanayakkanur Police Station, Madurai District.
Crime No. 8 of 2022.
... Respondent/Complainant For Petitioner : MR.S.Balaji, Advocate.
For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.8 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner who was arrested on 08.03.2022 for the offences under Sections 174(3) of Cr.P.C altered into 304(B) of IPC, in Crime No.8 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the marriage was solemnized between the petitioner and the daughter of the defacto complainant on 24.08.2020. After the marriage, the petitioner and his family members demanded dowry from the daughter of the defacto complainant and mentally tortured her. Due to which, she consumed poison and died on 15.01.2022. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
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4.The learned Government Advocate (Criminal Side) for the respondent police submitted that the investigation is almost completed.
5.Considering the facts and circumstances of the case, the nature of allegations levelled against the petitioner and that the petitioner is in judicial custody from 08.03.2022, this Court is inclined to grant bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Usilampatti. (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 petitioner shall report before the respondent police on every Monday and Friday at 10.30 a.m., until further orders. (iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner 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 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]. sd/- 19/05/2022 / TRUE COPY / 20/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
ssb/das 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.
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TO 1 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
THE INSPECTOR OF POLICE UTHAPPANAYAKKANUR POLICE STATION, MADURAI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.BALAJI, Advocate ( SR-4971[I] dated 20/05/2022 )
ORDER
IN CRL OP(MD) No.8011 of 2022 Date :19/05/2022 PKP/JM/SAR-2/20.05.2022/3P/7C 3/3