Sathish v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sathish ... Petitioner / Sole Accused Vs State Rep.by The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.
Crime No.455 of 2023 ... Respondent/Complainant For Petitioner : M/s.P.Veerapandi, 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.455 of 2023 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / Accused herein, who was arrested on 31.08.2023 for the alleged offence under Sections 174(3) of Cr.P.C., altered to Section 306 of IPC, in Crime No.455 of 2023, on the file of the respondent police, seek bail.
2. The case of the prosecution on 28.08.2023, the defacto complainant's sister namely Vaishnavi committed suicide by hanging at Bama Subramaniam Hospital at Kumbakonam, where she is working. Hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Hence, he seeks for the relief of bail.
4. Learned Additional Public Prosecutor would submit that there was a love affair between the petitioner and the victim who is the deceased now. Later the love affair turned into some sort of issue. Over which trouble has arisen between the deceased and the petitioner. The deceased has demanded the petitioner to marry her and the petitioner was dragging the matter and also delaying the marriage. Being frustrated over the attitude of the petitioner, the deceased has committed suicide. On the particular date of occurrence, it appears that, the deceased informed the petitioner about the marriage proposal for her by her parents. When that was informed, again quarrel arose between them and a wordy altercation took place between them, which 2/5
took in ugly manner. Because of the issue, both have shouted and insulted each other. Hence, the deceased has committed suicide.
5. Considering the facts and circumstances of this case and the period of incarceration, this Court is inclined to grant relief to the petitioner.
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 Judicial Magistrate No.I, Kumbakonam, Thanjavur District, and the petitioner is directed to stay away from the place of occurrence and also directed to stay at Trichy and shall report before the learned Judicial Magistrate No.I, Trichy, daily at 10.30 a.m. until further orders.
sd/- 25/09/2023 / TRUE COPY / 25/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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PNN TO THE JUDICIAL MAGISTRATE NO. I KUMBAKONAM, THANJAVUR DISTRICT.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
THE JUDICIAL MAGISTRATE NO.I TRICHY.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
THE INSPECTOR OF POLICE KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT.
THE OFFICER INCHARGE DISTRICT JAIL, PUDUKKOTTAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.P.VEERAPANDI, Advocate ( SR-14136[I] dated 25/09/2023 )
ORDER
IN CRL OP(MD) No.17020 of 2023 Date :25/09/2023 PKP/SAR- /25.09.2023/ 5P/ 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5