S.Mariappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14563 of 2018 S.MARIAPPAN ... PETITIONER / SOLE ACCUSED Vs STATE THROUGH, THE INSPECTOR OF POLICE, OTTAPIDARAM POLICE STATION, TUTICORIN DISTRICT, (CRIME NO.174/2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.KA.RAAMAKRISHINAN Advocate For Respondent : Mrs.M.ANANTHA DEVI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 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 174 of Cr.P.C., @ 306 of IPC, in Crime No.174 of 2017, seeks anticipatory bail. 2.The case of the prosecution is that on 06.12.

2017, the daughter of the defacto complainant committed suicide by consuming pesticide. The deceased had written the reason for her suicide in the wall of the room. She had written so many names. Therefore, there is no suspicious about her death. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the marriage took place between the petitioner and the deceased in the year 2003 and they are blessed with three children and they are maintained by the petitioner. Since she quarrelled with his mother and committed suicide, she had written the defacto complainant's name also.

4. It is seen from the statement of the defacto complainant that before committing suicide, the deceased informed through phone about the cruelty committed by the petitioner. It is only after thought the F.I.R., has been registered, the complaint has been given by the mother of the deceased, in which, there is no whisper about the cruelty committed by the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vilathikulam 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. 6.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/- 16/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE, VILATHIKULAM.

THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE OTTAPIDARAM POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S.KA.RAAMAKRISHINAN Advocate SR.No.15840 PS/VR/SAR-2:27/08/2018:2P/6C

ORDER

IN CRL OP(MD) No.14563 of 2018 Date :16/08/2018 https://hcservices.ecourts.gov.in/hcservices/