Mahindran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Mahindran ... Petitioner/Sole Accused Vs The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

Crime No.42 of 2024.

... Respondent/Complainant For Petitioner : Mr.M.Solaisamy, 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.42 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.42 of 2024 for the offence under Section 174 of Cr.P.C. @ 306 of IPC and remanded him 1/5

into judicial custody on 26.04.2024.

2.The petitioner is the husband of the deceased. The marriage between the petitioner and the deceased was solemnized 10 years ago. They are also having two children, aged about 8 and 5. The petitioner, suspecting her fidelity, assaulted the deceased. On account of that the deceased committed suicide. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submits that he is languishing in jail from 26.04.2024. 4.The learned Additional Public Prosecutor for the respondent has raised serious objections and submits that there were some mark of injuries on the deceased and the investigation is still pending.

5.Considering the fact that the petitioner has two children, the mother is also no more and the petitioner has been in jail for the past 48 days, this Court is inclined to grant bail to the petitioner.

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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 Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sattur; 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 report before the respondent police once in a week ie., on every Monday at 10.30 a.m., until further orders; iv) 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.

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v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

sd/- 12/06/2024 / TRUE COPY / 12/06/2024 Sub-Assistant Registrar (Writ ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. TheJudicial Magistrate No.I, Sattur.

2. Do-Through The Chief Judicial Magistrate, Viruthunagar District @ Srivilliputhur.

3. The Officer in charge, Sub Jail, Virudhunagar.

4. The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.SOLAISAMY, Advocate ( SR-6404[I] dated 12/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.7808 of 2024 Date :12/06/2024 RK (12/06/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5