Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Kumar, ... Petitioner/Sole Accused Vs The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

Crime No. 227/2024.

... Respondent/Complainant For Petitioner : M/s. Dhilipan Pandian.R.L, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.227 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 28.07.2024 for the offences under (*)Section 194 @ 108 of BNS on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the petitioner had illegal intimacy with the deceased and there was also a money transaction between them. It is further alleged that when the deceased asked to return the money, the petitioner insulted her. Due to which, the deceased committed suicide.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations that the deceased and the petitioner herein developed extra marital intimacy and the petitioner without returning the amount and started taking undue advantage and on account of the same, the deceased committed suicide and also considering the fact that the petitioner is in jail from 28.07.2024, I am inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 Principal Sessions Judge, Ramanathapuram, and on further conditions that: 2/5

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

[c] the petitioner shall stay at Theni and report before the Inspector of Police, Utthamapalayam Police Station, Theni at 10.30 a.m. for a period six weeks and thereafter, report before the respondent police as and when required for interrogation.

[d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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]. 3/5

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 16/08/2024 (*)Corrected as per the order of this Hon'ble Court in CRL OP(MD)No.13462 of 2024 dated 20/08/2024.

/ TRUE COPY / 20 / 08 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO TO BE SUBSTITUTED WITH THE ORDER DATED 16/08/2024 ALREADY DESPATCHED 1 THE PRINCIPAL SESSIONS JUDGE, RAMANATHAPURAM.

2 THE SUPERINTENDENT, RAMANATHAPURAM PRISON, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

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

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COPY TO THE INSPECTOR OF POLICE, UTTHAMAPALAYAM POLICE STATION, THENI.

ORDER

IN CRL OP(MD) No.13462 of 2024 Date :16/08/2024 PSP/ /SAR /16.08.2024/ 5P/ 6C LS SS/GS/SAR- /20/08/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5