Krishnasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11966 of 2018 KRISHNASAMY ... PETITIONER / ACCUSED No.1 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE NARAIKINARU POLICE STATION, TUTICORIN DISTRICT CRIME NO. 27 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mrs.THILAGA BALASUBRAMANIAN, Advocate for Mr.P.S.NAGARAJAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offence punishable under Section 174 Cr.P.C @ Section 306 I.P.C, in Crime No.27 of 2017 seeks anticipatory bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondent.

3.It is unfortunate that the case involves the death of a woman within three years from the date of her marriage. Hence, this Court has viewed this matter very seriously and dismissed the earlier anticipatory bail application. It is seen that the two years old child is with the petitioner. If any arrest is be made that will affect his carrier. It is submitted that the petitioner and the deceased had lived together from the date of marriage and there was no separation.

4.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released https://hcservices.ecourts.gov.in/hcservices/

on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Kovilpatti, Turicorin District and on his 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 16/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI, TUTICORIN.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.

3 THE INSPECTOR OF POLICE NARAIKINARU POLICE STATION, TUTICORIN DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.S.NAGARAJAN Advocate SR.No.13113 MSA JAM/24/07/2018/ VR /SAR 4/ 2P-6C

ORDER

IN CRL OP(MD) No.11966 of 2018 Date :16/07/2018 https://hcservices.ecourts.gov.in/hcservices/