BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12473 of 2011 1. BALAJI 2. BALAKUMAR 3. RAJI @ RAJKUMAR 4. DHARANI PRAKASH : PETITIONERS/ACCUSED 1 to 4 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, EAST POLICE STATION, THANJAVUR DISTRICT. IN CR.NO.280/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. A.ARUN PRASAD Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 to 4 were arrested and remanded to judicial custody on 29.7.2011 for the alleged offences punishable under Section 306 of IPC initially the case was registered under Section 174 of Cr.P.C. in Crime No.280 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioners would submit that the petitioners are neighbours of the deceased Manjula and she committed suicide on 23.7.2011 and initially, the case has been registered under Section 174 of Cr.P.C. and during the investigation, the case has been altered into Section 306 of IPC on 29.7.2011 and the petitioners were arrested and remanded to judicial custody on 29.7.2011. https://hcservices.ecourts.gov.in/hcservices/ 3. He further submitted that the case of the prosecution is that the petitioners were teasing while she was taking water from the tap and they kicked down the water pot, which instigated her to commit suicide. He would further submit that the petitioners are innocent persons and a false case has been foisted against them and they are in custody for more than 53 days and interrogation is over and investigation is considerably over. He further submitted that at the time of complaint give by the father of the deceased Manjula, it was stated that she has committed suicide due to unbearable nose pain and hence,he come forward with this application and he prays for enlargement on bail. 4. The learned Additional Public Prosecutor (Crl. side)would submit on 26.7.2011 when the deceased have drawn water from the water tap, the petitioners teased the deceased in respect of the financial status as well as they made a character assassination and the deceased was aged about 18 years and A1 kicked her water pot and she had gone to the house and she committed suicide by way of hanging and the case has been registered on the same day under Section 174 of Cr.P.C. and they only, altered into Section 306 of IPC and on the day itself, the petitioner was arrested and remanded to judicial custody and he prays for dismissal of this application. 5. Considering the rival submissions made by both sides and on perusal of case diary, it could be seen that the alleged occurrence has been taken place on 23.7.2011 at 8 p.m. and complaint has been given on early morning 00.30 A.M. on 24.7.2011 and in that complaint, no person has been shown as the accused and the father of the accused has given a complaint and in that, it was stated that since his daughter was suffering from ailment, she committed suicide by hanging. Further more, in the first paragraph of the complaint it was stated that the deceased was having E.N.T. problem and she was taking treatment and during the investigation only, it came to know that the petitioners are eve teasing the deceased Manjula and also questioning her character and teasing in respect of her financial status and then only the case has been altered into Section 306 of IPC on 29.7.2011 on the day itself, the petitioners are in judicial custody. Since,the offence is Section 306 of IPC and investigation is considerably over, https://hcservices.ecourts.gov.in/hcservices/ I am inclined to grant bail to the petitioner with certain conditions. 6. Accordingly, the petitioners are ordered to be released on bail on their 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, Thajavur, and on further condition that the petitioner shall appear before the concerned Magistrate daily at 10.30 a.m. until further orders. sd/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.2, THANJAVUR. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, EAST POLICE STATION, THANJAVUR DISTRICT. 5. THE SUPERINTENDENT CENTRAL PRISON, TRICHY. +1 CC to M/S. A.ARUN PRASAD Advocate SR.No.32133 ORDER IN CRL OP(MD) No.12473 of 2011 Date :20/09/2011 NSV/21.9.11/3P/7C https://hcservices.ecourts.gov.in/hcservices/