Ramar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10209 of 2018 RAMAR ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, KADAYANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.92 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.J.KARTHICK, Advocate For Respondent : Mr.A.ROBINSON, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in custody since 14.04.2018 for the offence under Section 302 of I.P.C. in Crime No.92 of 2018 on the file of the respondent Police.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.

3.The petitioner is said to have committed the murder of his wife by strangulating her with a wire. Since investigation is substantially over, this Court grants bail to the petitioner. But certain directions will have to be issued, taking note of the fact that it is a crime against woman.

1.The petitioner shall surrender his Passport. 2.The learned counsel for the petitioner undertakes that the said Passport can remain in the custody of the Court till the trial is over.

3.The respondent Police submits that the viscera report will be made available within a period of two weeks. The final report will be filed within a period of three weeks from the date of receipt of a copy of the viscera report.

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4.The learned Judicial Magistrate shall take cognizance of the case within a period of one week after the final report is filed and complete the committal proceedings within a period of two weeks thereafter. The Trial Court shall positively conclude the entire trial within a period of three months from the date of committal proceedings and thereafter, send a compliance report to the Registry. The Registry is directed to place the compliance report before me. The Registry is directed to mark a copy to the Assistant Director, Forensic Laboratory, Tirunelveli.

5.Taking note of all these facts and circumstances, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(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 learned Judicial Magistrate, Tenkasi.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)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) AIRSCW 5560]. sd/- 22/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, TENKASI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL JAIL, PALAYAMKOTTAI.

4. THE INSPECTOR OF POLICE, KADAYANALLUR POLICE STATION,TIRUNELVELI DISTRICT.

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

COPY TO:THE ASSISTANT DIRECTOR, FORENSIC LABORATORY, TIRUNELVELI.

+1. CC to Mr.R.J.KARTHICK Advocate SR.No.11076 ORDER IN CRL OP(MD) No.10209 of 2018 Date :22/06/2018 MS/PN/ASVM/25.06.2018/2P.8C https://hcservices.ecourts.gov.in/hcservices/