Balasubramaqnian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16197 of 2018 1 BALASUBRAMAQNIAN 2 PARVATHI ... PETITIONERS / ACCUSED No.2 & 3 Vs STATE REP. BY THE INSPECTOR OF POLICE, NALATTIN PUDUR POLICE STATION, THOOTHUKUDI DISTRICT.

( IN CR NO. 181 OF 2018 ) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.SELVAM, Advocate for M/S.G.THALAIMUTHARASU, 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 petitioners, who were arrested and remanded to judicial custody since 19.08.2018 for the offences punishable under Section 174(3) of Cr.P.C., in crime No.181 of 2018, on the file of the respondent police, seek bail.

2.The case of the prosecution is that the deceased married the first accused 7 months prior to the date of occurrence and on 17.08.2018, at about 09.00 a.m. when the first accused, who is in abroad contacted the deceased through telephone and refused to live with her by scolding her in filthy language and directed her to die, since she has spoken to so many persons and when the matter was informed to A2 and A3, the also scolded her with filthy language. Immediately, the deceased informed the same to her parents and she committed suicide by hanging herself in the matrimonial home. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are father-in-law and mother-in-law of the deceased and there is no dowry demand an the first accused is working in abroad and they never scolded the deceased. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor would submit that the investigation is pending.

5.Considering the facts and circumstances of the case and considering the fact that the petitioners are the aged parents-inlaw of the deceased and considering the period of incarceration, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; (i)each of the petitioners 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.1, Kovilpatti;

(ii) the petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required by the respondent for interrogation. sd/- 10/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.

3 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTOCORIN.

3 THE INSPECTOR OF POLICE, NALATTIN PUDUR POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, KOVILPATTI.

5 THE OFFICER INCHARGE, WOMEN PRISON, KOKKIRAKULAM, TIRUNELVELI DISTRICT.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No. 17257

ORDER

IN CRL OP(MD) No.16197 of 2018 Date :10/09/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/VR MMS/SAR 3/10.09.2018/2P/8C