Madras High CourtCRL OP(MD)/14913/2018disposed of

Balaguru v. The Inspector Of Police

2018-08-23Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.14913 of 2018 BALAGURU ... PETITIONER / SOLE ACCUSED Vs THE STATE THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

(IN CRIME NO . 422 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.SELVARAJ Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 24.06.2018 for the offence punishable under Section 302 of IPC, in Crime No.422 of 2018 on the file of the respondent police. He Seeks bail.

2. The case of the prosecution is that the petitioner suspected the fidelity of his wife on the ground that she is having immoral contact with some one. On 23.06.2018 the petitioner took his wife to an isolated place in the highway and attacked her with aruval severed her head and threw away, Thereafter the petitioner had given extra judicial confession before the Village Administrative Officer, which resulted in the registration of the First Information Report and the petitioner was arrested and remanded to Judicial custody on 24.06.2018.

3. The learned counsel for the petitioner would submit that even as per the case of the prosecution, the petitioner had committed the crime only on the ground that the petitioner suspected her fidelity. He would further submit that the petitioner is in custoday for more than 60 days and investigation is almost completed by the respondent police. Hence, he prays for grant of bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that

this is a case were the petitioner had committed brutal murder of his wife. He would further submit that the petitioner himself has confessed his crime before the Village Administrative Officer which resulted in the registration of the First Information Report and that the investigation is almost completed.

5. Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, and that the investigation is in the verge of the completion, 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, Tirunelveli.

(ii)the petitioner shall appear before the respondent police daily at 06.30 p.m. until further orders;

sd/- 23/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE NO-I,TIRUNELVELI.

THE CHIEF JUDICIAL MAGISTRATE , TIRUNELVELI.

3 THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

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

THE SUPERINTENDENT, CENTRAL PRISION,PALAYAMKOTTAI.

+1. CC to M/S.D.SELVARAJ Advocate SR.No.15968 PS/PN/SAR-2:23/08/2018:2P/7C

ORDER

IN CRL OP(MD) No.14913 of 2018 Date :23/08/2018 https://hcservices.ecourts.gov.in/hcservices/