Pitchai 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 Pitchai ... Petitioner/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Uthappanayakanur Police Station, Madurai District.

Crime No.8/2022.

... Respondent/Complainant For Petitioner : M/s.Balaji S, Advocate.

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

PRAYER :- For Bail in Cr.No.8 of 2022 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 21.04.2022 for the offences punishable under Sections 174 of Cr.P.C @ 304(B) IPC in Crime No.8 of 2022, on the file of the respondent police, seeks bail.

2.The averments in the complaint states that after the deceased's husband had scolded her stating that only after she dies, he can marry another girl with additional dowry, the victim had committed suicide. The overt act as against this petitioner, who is the father-in-law of the deceased, is that he along with his wife and son had demanded dowry.

3.On a prima facie view, the averments do not implicate instigation for committing suicide. However, this is a subject matter of the investigation. In view of the prima facie case, this Court is inclined to grant bail to the petitioner. 1/3

4.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.2, Usilampatti, Madurai District.

(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 / / /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.2, USILAMPATTI.

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

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

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4. THE INSPECTOR OF POLICE, UTHAPPANAYAKANUR POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.S.BALAJI, Advocate ( SR-4317[I] dated 05/05/2022 )

ORDER

IN CRL OP(MD) No.8564 of 2022 Date :05/05/2022 SJI/LM MS/GSV/SAR-3/05.05.2022/3P.7C 3/3