John David Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI John David Raj, ... Petitioner/Petitioner/1st Accused Vs State of Tamil Nadu Rep by The Inspector of Police, Cantonment Police Station (L and O), Trichy City, (Crime No.344 of 2024).

... Respondent/Respondent/Complainant For Petitioner : Mr.K.Rajeshwaran, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 344/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested on 09.03.2024, for the offence under 1/6

Section 174 of Cr.P.C subsequently altered into 306 IPC in Crime No.344 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is the owner of a monthly Magazine. The deceased is the employer of the petitioner Magazine. On 08.03.2024, the deceased made a phone call to her father and stated that her life has been destroyed and asked him to pick her up from the office. When the father of the deceased reached the office, she has committed suicide by hanging and on enquiry, it revealed that the petitioner has terminated the deceased from the job. Therefore, a case has been registered as against the petitioner on the complaint of the father of the deceased.

3. The learned counsel appearing for the petitioner submits that the deceased committed suicide because of a dispute with her father. However, the petitioner has been arrested since the complaint has been lodged by the father of the deceased. According to the petitioner, the father of the deceased was living with another woman, deserted his wife and children. Therefore, she has taken asylum in the office of the petitioner.

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4.Considering the manner in which, the investigation has been conducted in this case, this Court by earlier order dated 18.03.2024 directed the Commissioner of Police, Trichy to appoint a fit person as an Investigating officer in this case. Accordingly, the Assistant Commissioner of Police, Cantonment Police Station, Trichy has conducted the further investigation. This Court is not satisfied with the manner in which, the further investigation has been conducted. The Investigating agency has not collected any materials as against this petitioner as on date. Since no proper report has been filed by the investigating officer, this Court has granted interim bail to the petitioner on 07.06.2024 and also directed the petitioner to co-operate for the investigation. 5.Since the investigation officer has not collected any materials as against this petitioner as on date, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Trichy.

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ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall report before the Deputy Superintendent of Police, District Crime Branch, Trichy daily at 10.30 a.m, until further orders. He has to cooperate for investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

7. Considering the facts and circumstances of the case and also the manner in which the investigation is being carried out in this case, there shall be a direction to the Superintendent of Police to withdraw the case from the file of the 4/6

Deputy Superintendent of Police, Cantonment Police Station and to entrust the same to the District Crime Branch, Trichy for further investigation. sd/- 10/06/2024 / TRUE COPY / 10/06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO THE JUDICIAL MAGISTRATE NO.II TRICHY.

DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

THE INSPECTOR OF POLICE CANTONMENT POLICE STATION (L AND O), TRICHY THE OFFICER INCHARGE, DISTRICT JAIL, NAGERCOIL.

THE OFFICER INCHARGE, SUB JAIL, THIRUMANGALAM.

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

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COPY TO:

THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, TRICHY.

THE SUPERINTENDENT OF POLICE TRICHY.

THE DEPUTY SUPERINTENDENT OF POLICE, CANTONMENT POLICE STATION, TRICHY.

+1 CC to M/s.K.RAJESHWARAN, Advocate ( SR-6297[I] dated 11/06/2024 )

ORDER

IN CRL OP(MD) No.5481 of 2024 Date :10/06/2024 SS/SAR- /10/06/2024/6P/11C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6