Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Ganesan, ... Petitioner/Accused Vs The State rep by The Inspector of Police, Thadikombu Police Station, Dindigul District (Crime No.330 of 2019).

... Respondent/Complainant For Petitioner : M/s. C. Mayilvahana Rajendran, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.330 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner is in custody since 08.08.2019, for the offences punishable under Section 174 of Cr.P.C. @ 302 of IPC, in Crime No.330 of 2019, on the file of the respondent police. He seeks bail.

3.The deceased is none other than the petitioner's wife. The de-facto complainant is the petitioner's daughter. 4.The petitioner's counsel states that the petitioner's wife committed suicide and that it has been converted to one or murder. This Court wanted to know the base, on which, the petitioner has 1/3

been implicated for an offence of murder.

5.The learned Government Advocate (Crl. side) would state that based on the confession of the petitioner herein, he has been arrested and remanded to custody.

6.The occurrence had taken place on 07.08.2019, more than 40 days have elapsed. Investigation appears to be substantially over. 7.Taking note of the over all circumstances, I am inclined to enlarge the petitioner on bail with certain conditions. 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 Judicial Magistrate No.Ii, Dindigul.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) 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]. sd/- 25/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-I) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. Judicial Magistrate No.II, Dindigul.

2. Do-Through The Chief Judicial Magistrate, Dindugal District.

3. The Superintendent, Central Prison, Madurai..

4. The Inspector of Police, Thadikombu Police Station, Dindigul District.

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5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.C.MAYIL VAHANA RAJENDRAN, Advocate Sr. No. 16289 ORDER IN CRL OP(MD) No.13345 of 2019 TR/PN/SAR-II (25.09.2019) 3P 7C 3/3