Mari, S/O.Thiruvattai, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19131 of 2018 MARI ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUAGAR DISTRICT.

CRIME NO.425 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.A.BASKARAN Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 15.09.2018 for the offences punishable under Sections 323 I.P.C read with Section 4 of TNPHW Act @ Section 304(ii) I.P.C, in Crime No.425 of 2018, on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that the the petitioner had kicked his wife on his stomach, thereby, caused her death. Hence, the case has been registered.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. The deceased had illicit intimacy with third party and the petitioner has warned several time to the deceased, despite of that she has continued and on the date of occurrence, the petitioner questioned the deceased and all of a sudden, the occurrence took place. Hence, the charge. 4.The learned Additional Public Prosecutor appearing for the respondent police submits that the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances and also considering the period of incarceration of the petitioner, 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, Aruppukottai.

(iii) the petitioner shall appear before the respondent police as and when required for interrogation.

sd/- 01/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR.

3 THE INSPECTOR OF POLICE, ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUAGAR DISTRICT.

4 THE OFFICER INCHARGE, SUB-JAIL, ARUPPUKOTTAI.

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

+1. CC to M/S.A.BASKARAN Advocate SR.No. 20881

ORDER

IN CRL OP(MD) No.19131 of 2018 Date :01/11/2018 JM/VR MMS/SAR 1/01.11.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/