Sermakani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Sermakani, ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

Crime No. 263/2023.

... Respondent/Complainant For Petitioner : M/s.Arul Prakash J, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 263 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 23.07.2024 for the offences punishable under Sections 174(3) Cr.P.C., @ 304B IPC, in crime No.263 of 2023 on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that A1 and the deceased are husabnd and wife and the petitioner herein is sister-in-law of the deceased. Due to continuous harassment by the accused persons, the deceased has committed suicide by hanging. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and her name has been false implicated in this case. He would further submit that the petitioner is in judicial custody from 23.07.2024, hence, he may be granted bail. 4.The learned Additional Public Prosecutor would submit that the co-accused has already been released on bail. He would further submit that the offence committed by the petitioner is very serious in nature and hence, he strongly opposed to grant bail to the petitioner.

5.Considering the submissions made by the learned counsel on either side and also considering the fact that co-accused have already released on on bail and the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 2/4

learned Judicial Magistrate, Thenkasi and on further condition that; (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/07/2024 / TRUE COPY / 30/07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

3/4

TRP TO 1 THE JUDICIAL MAGISTRATE, TENKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE OFFICER INCHARGE, WOMEN PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, PAVOORCHATRAM POLICE STATION, TENKASI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.J.ARUL PRAKASH, Advocate ( SR-8890[I] dated 29/07/2024 ) ORDER IN CRL OP(MD) No.11955 of 2024 Date :29/07/2024 SA/SAR. /30.07.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4