Sasikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2022 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Sasikumar ... Petitioner/Sole Accused Vs The State rep.b The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(Crime No.211/2022).

... Respondent/Complainant For Petitioner : M/s.T.VEERAKUMAR Advocate.

For Respondent : Mr.A.THIRUVADIKUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.211 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused who was arrested on 19.03.2022 for the offences under Sections 448, 427, 294 (b), 323 and 302 IPC and 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002 ,in Cr.No.211 of 2022, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner is the son in law of the deceased. He married the daughter of the deceased. Due to some matrimonial dispute, the petitioner's wife left the matrimonial home. When the petitioner went to his in-law's house, there some wordy quarrel arose and in that incident, the petitioner said to have assaulted the deceased with wooden log and pushed the deceased down to the floor, thereby he caused the death of the deceased. Hence, a complaint has been filed.

3.The learned counsel for the petitioner submitted that he has not committed any offence. There was a wordy quarrel between the petitioner and the deceased and there is no motive to commit the offence. The petitioner has to take of his wife and two children and accordingly pray for bail.

1/3

4.The learned Additional Public Prosecutor would submitted that the major portion of the investigation is completed and there is specific allegations against the petitioner and he vehemently opposed the grant of bail to the petitioner.

5.Considering the nature of the case and considering the period of incarceration and also the fact that the major portion of the investigation is completed, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ramanathapuram, and on further condition that: (a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/05/2022 / TRUE COPY / 11/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 NO.II RAMANTHAPURAM.

2/3

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE OFFICER INCHARGE SUB JAIL, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

4 THE INSPECTOR OF POLICE, KENIKKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.VEERAKUMAR.T. Advocate SR.No.4588

ORDER

IN CRL OP(MD) No.7529 of 2022 Date :11/05/2022 SA/PN/SAR.4/11.05.2022/3P/7C 3/3