Paramasivan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.11.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Paramasivan ... Petitioner/1st Accused Vs The State represented by The Inspector of Police, CBCID Police Station, Nagercoil, Kanyakumari District.

(Crime No.1 of 2023) ... Respondent/Complainant For Petitioner : Mr.P.Suresh, Advocate For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 13.10.2023 1/5

for the alleged offence punishable under Section 306 IPC in Crime No.1 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the daughter of the defacto complainant committed suicide in the college hostel by leaving a suicide note mentioning the name of the petitioner herein and other two accused. Hence, the case. 3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 13.10.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the daughter of the defacto complainant committed suicide by leaving a note. As per investigation, there is no sexual harassment made by the petitioner herein to the deceased.

5.Heard both sides and perused the materials available on record. 2/5

6.Considering the fact that the investigation reveals that the petitioner herein did not make any sexual harassment to the deceased and taking into consideration the period of incarceration and taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

[i] Accordingly, the petitioner is ordered to be released on bail on condition to 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, Nagercoil and on further conditions that:

(ii) 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; (iii) the petitioner shall appear before the trial Court once in 15 days at 10.30 am., until further orders.

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(iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial. vi) 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]. vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 15/11/2023 / TRUE COPY / 15/11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE NO.I NAGERCOIL.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE CBCID POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT. 4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

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

+1 CC to M/s.P.SURESH, Advocate ( SR-16262[I] dated 15/11/2023 )

ORDER

IN CRL OP(MD) No.20373 of 2023 Date :15/11/2023 SS/SAR- /15/11/2023/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5