Petitioner, husband of deceased who committed suicide after assault, sought bail. Court considered his detention, family status, and investigation status, and granted bail subject to conditions.
Bail granted with conditions: bond of Rs.25,000 with two sureties, weekly police reporting, and no tampering.
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.
CRL OP(MD). No.7808 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 12/06/2024
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CRL OP(MD). No.7808 of 2024
Mahindran ... Petitioner/Sole Accused
Vs
The Inspector of Police, Elayirampannai Police Station, Virudhunagar District. Crime No.42 of 2024. ... Respondent/Complainant
For Petitioner : Mr.M.Solaisamy,
Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-
For Bail in Crime No.42 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The respondent police registered a case as against this petitioner in Crime No.42
of 2024 for the offence under Section 174 of Cr.P.C. @ 306 of IPC and remanded him
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CRL OP(MD). No.7808 of 2024
into judicial custody on 26.04.2024.
2.The petitioner is the husband of the deceased. The marriage between the petitioner and the deceased was solemnized 10 years ago. They are also having two children, aged about 8 and 5. The petitioner, suspecting her fidelity, assaulted the deceased. On account of that the deceased committed suicide.
3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submits that he is languishing in jail from 26.04.2024.
4.The learned Additional Public Prosecutor for the respondent has raised serious objections and submits that there were some mark of injuries on the deceased and the investigation is still pending.
5.Considering the fact that the petitioner has two children, the mother is also no
more and the petitioner has been in jail for the past 48 days, this Court is inclined to grant bail to the petitioner.
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6.Accordingly, this Criminal Original Petition is ordered and the petitioner is
ordered to be released on bail on the following conditions:-
i) The petitioner shall execute a bond for a sum of Rs.25,000/(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sattur;
ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioner shall report before the respondent police once in a week ie., on every Monday at 10.30 a.m., until further orders;
iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.
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v) On violation of any of the above conditions by the petitioner,
the respondent police shall move an application for cancellation of the bail.
sd/12/06/2024
/ TRUE COPY /
12/06/2024
Sub-Assistant Registrar (Writ )
Madurai Bench of Madras High Court,
Madurai - 625 023.
SJI
TO
+1 CC to M/s.M.SOLAISAMY, Advocate ( SR-6404[I] dated 12/06/2024 )
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CRL OP(MD). No.7808 of 2024
ORDER IN CRL OP(MD) No.7808 of 2024 Date :12/06/2024
RK (12/06/2024) 5P / 7C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether the petitioner is entitled to bail in Crime No.42 of 2024 for offences under S.174 Cr.P.C. @ 306 IPC?
2 provisions across 2 enactments
Mahindran
The Inspector of Police, Elayirampannai Police Station, Virudhunagar District
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
