← Library
Madras High CourtCRL OP(MD)/18953/2024allowed

R.Praveen Kumar v. The State Of Tamilnadu

2024-10-30Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY R.Praveen Kumar ... Petitioner/Accused No-1 Vs The Inspector of Police, Sivagangai Town Police Station, Sivagangai District, Crime No.702 of 2024.

... Respondent/Complainant For Petitioner : Mr.C.M.Arumugam Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.702 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No-1, who is arrested and remanded to judicial custody on 09.10.2024 for the offence punishable under Section 194(3) of BNSS altered into Section 108 of BNS, 2023, in Crime No.702 of 2024 on the file of the respondent police, seek bail.

2.The case of the prosecution is that petitioner suspected the fidility of the 1/4

deceased wife and ill-treated her, on account of which deceased is said have to consumed poison and committed suicide. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of allegation that the petitioner suspected the fidility of the deceased wife and ill-treated her, on account of which deceased is said have to consumed poison and committed suicide and considering the argument of the learned Counsel for the petitioner that both the petitioner and the deceased are living separately from the month of August, 2024 and the death happened in the parents house of the deceased, I am inclined to enlarge the petitioner on bail with certain conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 Additional Mahila Court (Judicial Magistrate Level), Sivagangai; (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police daily at 10.30 a.m.,for 2/4

a period of three weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial. (v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 30/10/2024 / TRUE COPY / 30 / 10 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO 1 THE JUDGE ADDITIONAL MAHILA COURT (JUDICIAL MAGISTRATE LEVEL), SIVAGANGAI.

3/4

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT. 4 THE OFFICER INCHAGE DISTRICT JAIL, RAMANATHAPURAM DISTRICT.

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

+1. CC to C.M. ARUMUGAM Advocate SR.No.13486(I) dated 30/10/2024

ORDER

IN CRL OP(MD) No.18953 of 2024 Date :30/10/2024 PSP/ /SAR /30.10.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4