Vijay v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Vijay ... Petitioner/Accused Vs The Inspector of Police, Avaniyapuram Police Station, Madurai District.

Crime No. 523 of 2023.

... Respondent/Complainant For Petitioner :

Mr.V.Kathirvelu, Senior Counsel for Mr.K.Prabhu, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 523 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested on 30.03.2024 for the alleged offence under Sections 174(3) of Cr.P.C @ 306 of IPC in Crime No.523 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the marriage between the first accused and the daughter of the defacto complainant was solemnized on 23.05.2021. The accused 2 and 3 are the in-laws of the deceased. After the marriage, the first accused went to Dubai and the deceased was living with her in-laws. The first accused used to send 1/4

money to the deceased. When the first accused questioned about the accountability of the money, which was sent by him, the deceased was not in a position to give the details. According to the prosecution, the in-laws have also questioned about the amount. Therefore, the deceased has committed suicide by hanging. The complaint has been registered by the father of the deceased. 3.The learned counsel for the petitioner submits that the petitioner /the husband of the deceased has questioned about the money sent by him and the deceased, who was not in a position to give the details for the same, on frustration has committed suicide. However, a complaint has been registered by the father of the deceased as if the petitioner has harassed the deceased. 4.The learned Additional Public Prosecutor appearing for the respondent objects for grant of bail to the petitioner that the investigation in this case is yet to be completed and if the petitioner is released on bail, there is possibility of absconding as he was working in Dubai.

5.Considering the nature of allegation and the period of incarceration, this Court is inclined to grant bail to the petitioner on some stringent conditions. 6.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty 2/4

Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Madurai.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; iii)The petitioner shall appear before the respondent police daily at 10.30 a.m until further orders.

iv) The petitioner shall surrender his Passport before the learned Judicial Magistrate No.VI, Madurai and shall leave abroad only on the permission of the learned Magistrate.

v) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

vi) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 26/04/2024 / TRUE COPY / 26/04/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, THIRUMANGALAM. 4 THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.

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

+2 CC to M/s.K.PRABHU, Advocate ( SR-4948[I] & SR-4991[I] dated 26/04/2024 )

ORDER

IN CRL OP(MD) No.6518 of 2024 Date :26/04/2024 RS//SAR-(26.04.2024) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4