M.Ramu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR M.Ramu ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Melavalavu Police Station, Madurai District.

(Crime No.57 of 2022) ... Respondent/Complainant For Petitioner : Mr.N.Dilip Kumar, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. side).

PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.57 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.1, who was arrested and remanded to judicial custody on 24.04.2022 for the offences punishable under Sections 174

(3) Cr.P.C., and 176 IPC altered into Sections 176 and 306 IPC, in Crime No.57 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the marriage between the deceased Keerthana and one Pandi, who is the son of the petitioner, was solemnized on 11.09.2016 and due to wedlock, they have been blessed with two children, that after marriage, the petitioner had repeatedly humiliated and scolded the deceased, due to that, the deceased committed suicide by hanging and that thereafter the petitioner along with other accused without informing the appropriate authorities had cremated the body. Hence, the complaint. 3.The learned counsel for the petitioner would submit that earlier in addition to the present petitioner, the deceased's husband, mother-in-law and sister-in-law were made accused as 2 to 4, that subsequently, the respondent police, after completing 1/3

investigation, has deleted those three persons and implicated some villagers as if they have conducted funeral rites without informing to the police. He would further submit that the accused 2 to 5 were already granted anticipatory bail by this Court in Crl.O.P.(MD) No.7902 of 2022 vide order dated 28.04.2022.

4.The learned Government Advocate (Criminal Side) would submit that the petitioner is not having any previous cases. 5.Considering the above facts and circumstances and also the facts that the petitioner is in judicial custody from 24.04.2022, that investigation might have been completed by this time and that the petitioner is not having any bad antecedents and also taking note of the age of the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail 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 Judicial Magistrate, Melur. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)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]. (vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 10/06/2022 / TRUE COPY / 10/06/2022 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, MELUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

4. THE INSPECTOR OF POLICE, MELAVALAVU POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.DILIP KUMAR N, Advocate ( SR-5374[I] dated 10/06/2022 )

ORDER

IN CRL OP(MD) No.9901 of 2022 Date :10/06/2022 csm USK/VR/SAR-III/10.06.2022/3P/7C 3/3