Petitioner sought bail under Section 439 CrPC in an IPC 306 suicide implication case. Court granted bail subject to stringent conditions including stay in Trichy, daily reporting, and surety bond, considering period of incarceration.
Petitioner released on bail with surety bond and conditions to stay in Trichy, report daily, and not tamper with evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.02.2021
CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN
Crl.O.P.No.3011 of 2021
K. Chinnaraj ... Petitioner Vs. The State Rep. by ... Respondent
The State Rep. by The Inspector of Police, Tiruvennainallur Police Station, Villupuram District. (Crime No. 1676 of 2020 )
PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1676 of 2020 pending investigation on the file of the Respondent.
For Petitioner : Mr. V.S.Senthilkumar For Respondent : Mrs.M. Prabhavathi, APP ORDER (The case has been heard through video conference)
Petitioner, who was arrested and remanded to judicial custody on 31.12.2020 for the offence punishable under Section 306 IPC in Crime No.1676 of 2020, seeks bail.
2 . The petitioner is the sole accused. The case of the prosecution, as per the defacto complainant, is that the deceased and the petitioner loved each other, which was condemned by the brother of the deceased, and thereafter, she committed suicide by consuming poison. Hence, a case has been registered against the petitioner.
(a) 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 Court No.II, Ulundurpet, and on further conditions that:
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(c) the petitioner shall stay at Trichy and report before the Inspector of Police, Trichy Cantonment Police Station daily at 10.30 a.m. until further orders.
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial 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];
(h) if the accused thereafter absconds, a fresh FIR can be https://hcservices.ecourts.gov.in/hcservices/ registered under Section 229A IPC.
-sd/-
17/02/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE NO.II,
ULUNDURPET.
2 THE CHIEF JUDICIAL MAGISTRATE,
VILLUPURAM [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR,
HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE,
TIRUVENNAINALLUR POLICE STATION,
VILLUPURAM DISTRICT.
5 THE SUPERINTENDENT,
CENTRAL PRISON, CAPPER HILLS,
CUDDALORE.
6 THE INSECTOR OF POLICE,
TRICHY CANTONMENT POLICE STATION,
TRICHY.
+1 CC to M/S.V.S.SENTHILKUMAR Advocate on payment of necessary
charges SR NO. 1757
CRL OP.3011/2021 Date :17/02/2021
MN-18/02/2021 https://hcservices.ecourts.gov.in/hcservices/
1 issue framed by the court
Whether the petitioner should be granted bail in the allegedly false implication case involving suicide.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
K. Chinnaraj
The State Rep. by The Inspector of Police, Tiruvennainallur Police Station
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
