Balamurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.7403 of 2016 BALAMURUGAN ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE KARIMEDU POLICE STATION MADURAI CITY CR.NO.145 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.SENTHILKUMAR Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 01.03.2016, for the offences punishable under Sections 304(b) and 306 of I.P.C., in Crime No.145 of 2016, on the file of the respondent Police, seeks bail.
2. Heard Mr.R. Senthilkumar, learned counsel appearing for the petitioner / Accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. It is seen that the petitioner's wife committed suicide on 27.02.2016 and initially, a case has been registered under Section 174 Cr.P.C and subsequently, it was altered into Sections 304(B) and 306 IPC. The petitioner was arrested on 01.03.2016 and he is in custody.
4. Taking into consideration the nature of allegations made against the petitioner, this Court is of the view that this is a fit case to grant bail to the petitioner / Accused. Accordingly, he is ordered to be released on bail, subject to the following conditions: (i) the petitioner / Accused 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-V, Madurai.
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(ii) the petitioner / Accused shall report before the respondent Police, daily at 6.30 p.m., until further orders.
(iii) the petitioner / Accused shall not tamper with evidence or witness either during investigation or trial.
(iv) the petitioner / Accused shall not abscond either during investigation or trial.
(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner / Accused in accordance with law as if the conditions have been imposed and the petitioner / Accused 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].
5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. sd/- 28/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.V,MADURAI.
2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE KARIMEDU POLICE STATION,MADURAI CITY.
5 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI. +1. CC to M/S R.SENTHILKUMAR Advocate SR.No.24578 RG.JGB-DP/AR-I 28.04.2016 2P.7C
ORDER
IN CRL OP(MD) No.7403 of 2016 Date :28/04/2016 https://hcservices.ecourts.gov.in/hcservices/