Muniasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Muniasamy ... Petitioner/Accused No.2
Versus
State Rep. by The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.
(Cr.No.99/2024) ... Respondent/Complainant For Petitioner : Mr.C.Suresh Kannan 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.99 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.99 of 2024 for the offence under Section 174(3) Cr.P.C. altered into Section 306 1/5
IPC and remanded him into judicial custody on 28.05.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The deceased is the wife of the petitioner. The defacto complainant is the mother of the deceased. The case of the prosecution is that due to family dispute, the deceased committed suicide by hanging. Hence, the case.
3. The learned counsel for the petitioner submits that there is a specific allegation only against the petitioner's mother/A1, for which, she was arrested and remanded in judicial custody. There is no allegation as against the petitioner. However, he is languishing in jail from 28.05.2024. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent submits that this case has been registered based on the suicide note, in which, the deceased has stated that she has committed suicide due to the harassment made by A1/mother-in-law. He further submits that in the suicide note, there is no specific allegation as against the petitioner/husband and A1 is still in custody. 2/5
5. Considering the nature of offence, the period of incarceration and also considering the fact that in the suicide note, there is no specific allegation as against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing 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, Virudhunagar. 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. He has to co-operate for the investigation. 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. He 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/- 13/06/2024 / TRUE COPY / 13/06/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO 1 THE JUDICIAL MAGISTRATE NO.I VIRUDHUNAGAR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE OFFICER INCHARGE SUB JAIL, VIRUDHUNAGAR.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-6458[I] dated 13/06/2024 ) 4/5
ORDER
IN CRL OP(MD) No.8615 of 2024 Date :13/06/2024 SS/SAR- /13/06/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5