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Madras High CourtCRL OP(MD)/17057/2023granted

Veerarajenra Cholan @ Ramalingam v. The Inspector Of Police

2023-09-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Veerarajendra Cholan @ Ramalingam ... Petitioner/Accused No.2 Vs The Inspector of Police, Nadukavery Police Station, Thanjavur District.

Crime No.193 of 2023.

... Respondent/Complainant For Petitioner : Mr.A.SIVASUBRAMANIAN, 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.193 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/2nd accused herein, who was arrested on 20.07.2023 for the alleged offence under Sections 302 and 201 IPC, in Crime No.193 of 2023 on the file of the respondent Police, seek bail.

2. The case of the prosecution as per the defacto complainant is that on 19.07.2023 at about 6.30 a.m., her younger daughter namely Abirami returned to house from Chennai. At about 10.20 a.m., her elder daughter informed her over phone that Abirami sent a text message stating that she will commit suicide. So the 1/4

defacto complainant went to her house at about 11.00 a.m., at that time, the house door was locked inside, after that, with help of others, she broke open the lock and saw that her younger daughter Abirami dead by holding a knife in her right hand. Actually, there was love affair between the deceased Abirami and one Mugesh, which was opposed by the defacto complainant, so the said Abirami refused to talk with said Mugesh, but the said Mugesh continuously tortured her. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent person and is the father of the first accused.

4. The learned Additional Public Prosecutor would submit that the specific allegation made against the petitioner is that after committed the crime, the first accused called this petitioner over mobile phone and informed about the crime committed, thereafter, this petitioner brought the first petitioner in his two wheeler in order to escape from the scene of occurrence.

5. Perusal of record shows that the first accused and the deceased were in love with each other. At one point of time, the said Abirami started breaking the relationship, frustrated over which, the first accused has often indulged in fight with the deceased Abirami. On 19.07.2023 at about 11.00 a.m., the first accused by using a sharp knife stated to have slit the throat of Abirami, caused her death. After that, the 2/4

first accused called this petitioner / his father over mobile phone and informed about the crime, committed. Having apprehended the custodial interrogation, the second accused managed to have helped his son to escape from the scene of occurrence and the third accused had thrown away the bag contained blood stained cloths of first accused into the river.

6.Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

7.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) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvaiyaru, 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/- 21/09/2023 / TRUE COPY / 21/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT. 3/4

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.

4 THE INSPECTOR OF POLICE, NADUKAVERY POLICE STATION, THANJAVUR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.17057 of 2023 Date :21/09/2023 SA/SAR. /21.09.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4