Sukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16570 of 2018 SUKUMAR ... PETITIONER / SINGLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, THOOTHUKUDI CENTRAL POLICE STATION, THOOTHUKUDI DISTRICT .

(IN CR NO. 294 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.K.MANICKAM 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 is in judicial custody since 16.08.2018 for the offences punishable under Sections 174 Cr.P.C, @ 306 IPC, in Crime No.294 of 2018 on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that the petitioner is the husband of the deceased, they have two children. There was a marriage proposal for their elder daughter and they went to the bridegroom's house on 15.08.2018. All the family members went to the bridegroom's house and fixed the marriage for the elder daughter of the petitioner. But, the petitioner did not participate in the said occasion. Since he does not like the bridegroom, therefore there was some misunderstanding arose between the petitioner and the deceased. On 16.08.

2018, the deceased poured palm oil and set fire herself, therefore, she died. Hence, the case has been registered. 3.The learned counsel for the petitioner would submit that there is no cruelty, no other dowry harassment by the petitioner herein. Further more there is no allegation of abetting the deceased to commit suicide. Hence, he prays for grant of bail to the petitioner.

4.It is seen that on 15.08.2018, the petitioner and other family members went to the bridegroom's house to fix the marriage of the petitioner's elder daughter. But, the petitioner did not https://hcservices.ecourts.gov.in/hcservices/

participate, since the petitioner did not like the bridegroom, due to some misunderstanding, the deceased poured palm oil and set fire herself and died.

5.The learned Additional Public Prosecutor appearing for the respondent submitted that there is a suicidal note and stating that the petitioner is only reason for the death.

6.Considering the facts and circumstances of the case and the period of incarceration of the petitioner, 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, Thoothukudi.

(ii)the petitioner shall appear before the respondent police as and when required for interrogation.

sd/- 19/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3 THE INSPECTOR OF POLICE, THOOTHUKUDI CENTRAL POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI.

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

+1. CC to M/S.A.K.MANICKAM Advocate SR.No.17795

ORDER

IN CRL OP(MD) No.16570 of 2018 Date :19/09/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/VR MMS/SAR 3/19.09.2018/2P/7C