Karikalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8979 of 2016 KARIKALAN ... PETITIONER / ACCUSED No.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE TALUK POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

(CRIME NO. 73/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S K.M.KARUNAKARAN Advocate For Respondent : Mr.K.Anbarasan, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.1, who was arrested and remanded to judicial custody on 05.04.2016 for the alleged offence punishable under Section 174 Cr.P.C. @ 498-A and 304(b) I.P.C., in Crime No.73 of 2016, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the deceased is the wife of the petitioner/A.1. The petitioner/A.1 and A.2 tortured the deceased demanding dowry and due to the torture made by the accused, the deceased committed suicide by hanging on 04.04.2016. On complaint, initially case has been registered under Section 174 Cr.P.C. and thereafter altered into Sections 498-A and 304(b) I.P.C. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Due to serious illness, the deceased committed suicide and R.D.O. Enquiry has been completed and report has been filed and the petitioner is in judicial custody from 05.04.2016. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate(Crl. side) submitted that due to the harassment been made by the accused, the deceased committed suicide and the R.D.O's Report proved the same as dowry death. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 05.04.2016 and the R.D.O. conducted an enquiry and filed his report, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail on executing 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 No.II, Kumbakonam, Thanjavur District and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders.

sd/- 17/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM, THANJAVUR DISTRICT. 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, TALUK POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S K.M.KARUNAKARAN Advocate SR.No.31103

ORDER

IN CRL OP(MD) No.8979 of 2016 Date :17/06/2016 SMN JM/GSV-PM/SAR-I/17.06.2016/2P-7C https://hcservices.ecourts.gov.in/hcservices/