BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10524 of 2011 SURESH KUMAR ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE THENKARAI POLICE STATION, THENI DT, CR NO. 296/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M.AJMAL KHAN Advocate For Respondent : M/S. A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A1 and he was arrested and remanded to judicial custody on 27.07.2011 for the alleged offence punishable under Section 174 Cr.P.C. altered into 306 I.P.C., in Crime No.296 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that on the basis of the complaint given by the defacto complainant, who is the mother of the deceased, a case has been registered under Section 174 Cr.P.C. and the same has been altered into 306 I.P.C. against the petitioner as well as one Vitheesh, who is the paramour of the deceased. He would further submit that the occurrence has taken place in the parental home of the deceased. He would further submit that when the petitioner has visited his wife in her parents house, the deceased Gayathri was talking with one Vitheesh, which was questioned by the petitioner and he wants to intimate the same to the relatives and hence, the deceased has committed suicide. He would further submit that the investigation is considerably over and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that A1 is the husband and A2 is the paramour of the deceased. He would further submit that on the date of occurrence, the deceased and A2 was talking at upstairs in her parental house, which was questioned by the petitioner and he caught hold of the deceased wife and assaulted A2, which leads to the commission of offence. He would further submit that the investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides and on perusal of the case diary, which would show that the alleged occurrence has taken place on 26.07.2011 at 12.00 noon and the complaint has been given on 22.15 hours by the mother of the deceased, in that, she has not attributed any motive against any one and on a statement given by the said Viteesh / A2, to the effect that on the fateful day, while he was talking with the deceased in her parental home, A1 has visited the place and on suspecting their relationship, assaulted him and scolded his wife and he wants to intimate the same to the relatives and hence, the deceased has committed suicide and the investigation is considerably over, I am inclined to grant bail to the petitioner with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail on his 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 Court, Periyakulam, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 16/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE PERIYAKULAM 2 -DO-THRO' THE CHIEF JUDICAL MAGISTRATE THENI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE THENKARAI POLICE STATION, THENI DT 5 THE OFFICER INCHARGE SUB JAIL, PERIYAKULAM +1. CC to M/S. M.AJMAL KHAN Advocate SR.No.27726, ORDER IN CRL OP(MD) No.10524 of 2011 Date :16/08/2011 SMA/16.8.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/