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Madras High CourtCRL OP(MD)/16670/2018ordered

Palraj v. The Inspector Of Police

2018-10-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16670 of 2018 PALRAJ ... PETITIONER / ACCUSED NO.1 Vs STATE REP. BY THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TRICHY DISTRICT.

(IN CR NO. 156 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.JOEL PAUL ANTONY Advocate For Respondent : 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 05.09.2018 for the offences punishable under Section 174 of Cr.P.C., altered into Sections 498(A) and 304(B) of IPC in Crime No.156 of 2018, on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that on 30.04.2018, due to dowry demand by the petitioner and others, the deceased was committed suicide by hanging herself. Hence, the relative lodged a complaint against the petitioner.

3.The learned counsel appearing for the petitioner would submit that there is absolutely no dowry demand from the deceased, even during the Revenue Divisional Officer enquiry, he found that there is no dowry demand from the deceased and the same was recorded by the lower Court. He would further submitted that the petitioner is in Judicial custody on 05.09.2018 onwards. Hence, he prays for grant bail to the petitioner.

4.Heard the learned Additional Public Prosecutor appearing for the respondent.

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5. It is seen from the report of the Revenue Divisional Officer, there is no dowry demand by the petitioner herein. 5.Considering the above facts and circumstances and also considering the period of incarceration undergone by the petitioner from 05.09.2018, 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, Manapparai.

(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 for interrogation;

sd/- 03/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TRICHY DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+1. CC to M/S.A.JOEL PAUL ANTONY Advocate SR.No. 18754

ORDER

IN CRL OP(MD) No.16670 of 2018 Date :03/10/2018 JM/PN/SAR 2/03.10.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/