Shanmugakani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14373 of 2018 SHANMUGAKANI ... PETITIONER /SOLE ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.

Crime No.330 of 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.D.SRINIVASA RAGAVAN Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 355, 506(ii) and 306 of IPC, in Crime No.330 of 2018. Hence, seeks bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.The case of the prosecution is that when the deceased went to the petitioner's house to collect a sum of Rs.3 lakhs being due for the construction. At that juncture, the petitioner attacked the deceased with chappal and threatened with dire consequences if he asks for the money due to construction. Thereafter, on the same day at about 9.30.p.m., the deceased committed suicide by hanging himself. Hence, the complaint.

4.The learned counsel for the petitioner would submit that the deceased and the defacto complainant and the petitioner are close relatives. There is absolutely no demand made by the deceased and no due for any construction and also the petitioner is incarceration from 11.07.2018. Hence, he prays for grant of bail to the petitioner.

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5.Considering the above facts and circumstances and perusal of the suicide note written by the deceased, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions: (i) the petitioner shall execute 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, Kovilpatti.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required.

sd/- 20/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO II, KOVILPATTI.

2.THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3.THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.

4.THE OFFICER INCHARGE, SUB JAIL, PALAYAMKOTTAI.

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

+1. CC to Mr.D.SRINIVASA RAGAVAN Advocate SR.No.15783

ORDER

IN CRL OP(MD) No.14373 of 2018 Date :20/08/2018 TK/PN/SAR.4/20.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/