Thangadurai v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Thangadurai ... Petitioner/1st Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Valandur Police Station, Madurai District.

Crime No. 75/2024.

... Respondent/Complainant For Petitioner : Mr.S.Poornachandran, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 75 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody 1/5

on 23.10.2024 for the offences under Section 174 of Cr.P.C and subsequently, altered to Section 306 of IPC in Crime No.75 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant's son married the daughter of A1. They were also blessed with two girl children. There was some misunderstanding and on 04.06.2024, the deceased is said to have met the accused persons. At which point of time, they have abused in filthy language and had abetted the deceased to commit suicide. Hence the deceased committed suicide by hanging on the same day at 11.30 a.m. There are totally three accused persons in this case and the petitioner has been arrayed as A1. A1 is the father-in-law of the deceased.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

4. Taking into consideration the facts and circumstances of the case and considering the fact that there is a matrimonial dispute between the parties and also considering the suicide note that was written by the deceased before committing suicide and the fact that anticipatory bail was granted for A2 and A3 by this Court in Crl.O.P(MD) No.20237 of 2024, dated 21.11.2024 and considering the fact that the petitioner has suffered incarceration from 23.10.2024, this Court is inclined to grant bail to the petitioner.

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5. Accordingly, the criminal original petition is ordered 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 learned Judicial Magistrate No.II, Usilampatti, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police on every Monday, Wednesday and Friday at 10.30 a.m., for a period of 6 weeks, thereafter, as and when required;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

[e] 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 3/5

of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

sd/- 05/12/2024 / TRUE COPY / 05/12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, USILAMPATTI.

4 THE INSPECTOR OF POLICE, VALANDUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.21257 of 2024 Date :05/12/2024 SA/SAR. /05.12.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5