Kannan, S/O.Rajendran v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17415 of 2018 KANNAN ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE SUB INSPECTOR OF POLICE, DINDIGUL TALUK POLICE STATION, DINDIGUL DISTRICT.

( CR.NO.769 OF 2017 ) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.R.KANNAPPAN Advocate For Respondent : M/S.M.ANANTHA DEVI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 16.07.2018 for the offences punishable under Sections 174 (3) Cr.P.C., @ 498 (A) and 304 (B) IPC, in Crime No.769 of 2017 on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.The case of the prosecution is that the petitioner and the deceased got married on 05.12.2011 and due to the marriage, they have blessed with two children. It is stated that for the past 6 years, there is no harassment or torture by the petitioner or his family members and it is further alleged that about 15 days back, the son-in-law / petitioner brought her daughter and two children to her house and subsequently, took them back to his house. In the above said circumstances, on 29.12.2017 at about 02.00 p.m., the de facto complainant's daughter called her for accompanying to the hospital and at that time, when they reached hospital, the petitioner intercepted and tried to assault her daughter and on the same day, at about 08.15 p.m., the petitioner called the de facto

complainant through phone stating that she should come immediately to his house and accordingly, she went there and found her daughter dead. Hence, the complaint.

4.The learned counsel for the petitioner would submit that the deceased hanged herself and committed suicide and he further submitted that the petitioner is in judicial custody from 16.07.2018 onwards. Hence, he prays for grant of bail to the petitioner. 5.The learned Government Advocate (Crl. Side) for the respondent submitted that only due to the harassment made by the petitioner, the deceased committed suicide and the Revenue Divisional Officer, has also conducted enquiry and submitted his report that only due to the harassment made by the petitioner, the deceased committed suicide and he opposed for grant of bail to the petitioner.

6.Considering the facts and circumstances of this case and also considering 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.I, Dindigul.

(ii) the petitioner shall appear before the respondent police as and when required for interrogation. sd/- 28/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, DINDIGUL.

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

3 THE SUB INSPECTOR OF POLICE, DINDIGUL TALUK POLICE STATION, DINDIGUL DISTRICT. 4 THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL.

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

+1. CC to M/S.A.R.KANNAPPAN Advocate SR.No.18509

ORDER

IN CRL OP(MD) No.17415 of 2018 Date :28/09/2018 JM/VR MMS/SAR 1/28.09.2018/3P/7C