Areeshkumar Hareeskumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH Areeshkumar @ Hareeskumar ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.

(Crime No.141 of 2021) ... Respondent/Complainant For Petitioner : M/s.Karunanithi, 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.141 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 09.03.2022 for the offences punishable under Section 174(3) of Cr.P.C @ Section 306 IPC in Crime No.141 of 2021, on the file of the respondent police, seeks bail. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3.The petitioner herein is implicated for an offence, which has been altered to Section 302 of IPC. The RDO report rules out the case of dowry demand. However, it is only on the basis of the cruelty imposed by the petitioner, the deceased is claimed to have committed suicide. The petitioner was remanded to custody on 09.03.2022.

4.By taking into account that he has been in judicial custody from 09.03.2022 onwards and the report of the RDO, this Court is inclined to grant bail to the petitioner.

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5.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, Virudhunagar. (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 daily at 10.30 a.m., for a period of one month and thereafter as and when required for interrogation;

(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/- 05/05/2022 / TRUE COPY / 05/05/2022 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, VIRUDHUNAGAR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.

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4. THE INSPECTOR OF POLICE, VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. KARUNANITHI Advocate SR.No.4328

ORDER

IN CRL OP(MD) No.7873 of 2022 Date :05/05/2022 SJI/LM USK/JM/SAR-3/05.05.2022/3P.7C 3/3