M.Sankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN M.Sankar ... Petitioner/Accused Rank Not Known Vs The State rep by The Inspector of Police, Authoor Police Station, Thoothukudi District.

(Crime No.164 of 2019).

... Respondent/Complainant For Petitioner : Mr.S.M.Mohan Gandhi, Advocate.

For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in crime 164 of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 174 Cr.P.C. @ 306 of I.P.C., in Crime No.164 of 2019 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the mother of the deceased, namely; Ramalakshmi and the marriage between the petitioner herein and the deceased took place in the year 2015. Since there was a frequent quarrel between the petitioner and the deceased, earlier a criminal case was also filed against the petitioner before the All Women Police Station, Tiruchendur in the year 2016 and the same was compromised between the parties. Thereafter, the petitioner said to have quarrelled with the decreased and due to the same, the deceased has consumed Hair Dye and died on 20.10.2019 and hence, the crime has been registered 1/3

under Section 174 of Cr.P.C. by the respondent police, subsequently, altered into 306 of IPC. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent police and perused the material documents available on record.

4. It is seen from the records that frequent family quarrel between the petitioner herein and the deceased, the deceased has committed suicide by consuming Hair Dye and there is no allegation of demanding dowry. The deceased said to have committed suicide due to family quarrel and hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tiruchendur, and 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 Magistrate concerned and on further condition that, (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police as and when required for interrogation.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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]; and; (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 27/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, TIRUCHENDUR.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, AUTHOOR POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8884 of 2020 Date :27/08/2020 KSA AE/VR/SAR-III (02.09.2020) 3P 5C 3/3