IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.858 of 2022

Shamsundar

.. Petitioner

Vs.

State rep.by its

Inspector of Police,

T-11, Thirunindravur Police Station,

Thiruvallur District.

(Cr.No.1271 of 2021)

... Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of

Cr.P.C praying to enlarge the petitioner on bail in Crime No.1271 of

2021 on the file of the respondent police.

For Petitioner : Mr.M.Anandaraj

For Respondent : Mr.A.Gokulakrishnan

Additional Public Prosecutor

ORDER

The petitioner who was arrested and remanded to judicial custody

on 20.12.2021 for the offences under Section 174(3) of Cr.P.C @ 306 of

IPC in Crime No.1271 of 2021, on the file of the respondent police,

seeks bail.

2. The case of the prosecution is that the petitioner and the

deceased were got married in the year 2017, due to the continuous

harassment and torture given by the petitioner out of mental agony she

committed sucide by way of hanging in the kitchen and lost her life.

Hence, the complaint.

3. The learned Counsel for the petitioner submits that the

petitioner has not committed any such offence as alleged by the

prosecution and he has been falsely implicated in this case. He

further submits that out of pity wordy quarrel, the deceased committed

suicide. He further submits that the petitioner has been suffering

incarceration for more than 37 days from 02.12.2021. Hence, he seeks

to grant bail to the petitioner.

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4. The learned Additional Public Prosecutor on instructions

submits that the investigation was almost completed. However, he

vehemently opposed to grant bail to the petitioner.

5. Considering the welfare of the child that already it has lost

his mother, this court is inclined to grant bail to the petitioner.

[a] the Petitioner is ordered to be released on bail on executing

his own bond for a sum of Rs.10,000/- (Rupees ten thousand only),

before the Superintendent of the concerned prison, in which the

petitioner has been confined and thereafter on his release;

[b] the petitioner shall execute two sureties for a sum of

Rs.10,000/- (Rupees Ten Thousand only), before the learned Judicial

Magistrate - No.II at Thiruvallore within 15 days from the date of

commencement of the Court’s normal functioning, failing which the bail

granted by this Court shall stand dismissed automatically;

[c]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;

[d] the petitioner shall report before the respondent police on

every Friday at 10.30 a.m. until further orders;

[e]the petitioner shall not tamper with evidence or witness

either during investigation or trial;

[f] the petitioner shall not abscond either during investigation

or trial;

[g] 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]; and;

[h]if the accused thereafter absconds, a fresh FIR can be

registered under Section 229-A IPC.

-sd/-

27/01/2022

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.

https://hcservices.ecourts.gov.in/hcservices/

TO

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