Madras High CourtCRL OP(MD)/20222/2021ordered

Ramesh v. The Inspector Of Police

2021-12-17Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.20222 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.20222 of 2021 Ramesh ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

Crime No.290 of 2021. ... Respondent/Complainant For Petitioner : Mr.S.MP.Amalan, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.290 of 2021 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 29.10.2021 for the offence punishable under Section 302 of IPC, in Crime No.290 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner is the husband of the deceased. He was working in abroad. After returning to India, he picked up quarrel with the deceased on the sudden provocation and murdered her by attacking with Axe. 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, he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 29.10.2021. Hence, he seeks bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.20222 of 2021 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the viscera report has not been received sofar. On perusal of CD file shows the major portion of the investigation is over.

5.Considering the fact that the petitioner is in judicial custody from 29.10.2021 and also considering the fact that the offence said to have committed due to sudden provocation and the petitioner is not having any previous case either in similar or other offence, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is 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, Thiruvdanai, and on further condition that the petitioner must stay away from his Village for a period of one month and shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 17/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVADANAI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE OFFICER INCHARGE, SUB-JAIL, PARAMAKUDI.

4 THE INSPECTOR OF POLICE THIRUVADANAI POLICE STATION, RAMANATHAPURAM DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.20222 of 2021 Date :17/12/2021 DSS MK/PN/SAR.IV/17.12.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2