Durkairaj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Durkairaj ... Petitioner / Sole Accused Vs The State rep by The Inspector of Police, Pandhanallur Police Sation, Thanjavur District.
(Crime No.439/2023).
... Respondent/ Complainant For Petitioner : M/s.Veerapandi P, Advocate.
For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.439/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 21.07.2023 for the alleged offence under Sections 174(3) Cr.P.C. @ 306 of IPC in Crime No.439 of 2023, on the file of the respondent police, seeks bail. 1/4
2.The case of the prosecution as per the defacto complainant's version is that this petitioner is the neighbour. According to the defacto complainant, this petitioner alleged to have advised his paternal father not to sell the property for meting out some sort of expenses. Over the above said, there was a issue between them. On 21.07.2023 at about 08.00 a.m., the defacto complainant's father scuffled his paternal uncle and the mother stating that whey they informed the electricity problem to this petitioner. Since this petitioner alleged to have went to the deceased house in drunken mood and not in proper manner. But, however, the petitioner alleged to have given complaint against all the family members. When the above said complaint was about to be enquired by the police, because of the humiliation, the deceased committed suicide.
Hence, the case was registered. 3.Absolutely, there was no intention or abetment of suicide by this petitioner to the deceased. Reading of the CD file does not indicate any allegation of abetment. It appears that because of the simple issue between them, complaint has been given and over the above said issue, the deceased attempted to commit suicide as well as died by consuming pesticide.
4.In view of the above, considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 5.Accordingly, this Criminal Original Petition is allowed and the petitioner is 2/4
ordered to be released on bail, on executing a personal 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 District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 18/08/2023 / TRUE COPY / 18/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM To 1.The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District.
2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
3.The Inspector of Police, Pandhanallur Police Station, Thanjavur District.
4.The Officer Incharge, District Jail, Pudukkottai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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+1 CC to M/s.P.VEERAPANDI, Advocate ( SR-12496[I] dated 18/08/2023 )
ORDER
IN CRL OP(MD) No.15074 of 2023 Date :18/08/2023 ED/ /SAR- (18/08/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4