BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13990 of 2011 M.SHAJI : PETITIONER/ACCUSED-2 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE KOTHICODE POLICE STATION, KANYAKUMARI DISTRICT. CRIME NO.237 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. C.K.M.APPAJI Advocate For Respondent : Mr. K.S.DURAIPANDI Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in crime No.237 of 2011 on the file of the respondent police for offences under Sections 498-A, 306 and 304-B I.P.C. He was arrested and remanded to judicial custody on 04.10.2011. He has come forward with this petition seeking bail 2. According to the case of prosecution, the petitioner is the husband of the deceased, the marriage between them was solemnized on 13.05.2011. Out of the said wedlock, the deceased was pregnant. But, the petitioner has been employed in Saudi Arabia, after the marriage, he left for Saudi Arabia and resided there. Few days prior to the occurrence, it is alleged that the mother of the deceased had gone to take the deceased to her house, but the mother of the petitioner herein declined to send her. This was later on informed over phone to the petitioner by the mother of the petitioner and on hearing the same, the deceased committed suicide on 03.10.2011. On hearing the death message, the petitioner returned to India on 04.10.2011 and thereafter, he was arrested on the same day by the respondent police. 3. The learned counsel appearing for the petitioner would submit that the petitioner is not at all the cause for the death of the deceased. He would further submit that there was no harassment at all. He would point out that the accused was in Saudi Arabia and his wife was alone in Kanyakumari District, the cause of commission of suicide, according to the petitioner is not known. https://hcservices.ecourts.gov.in/hcservices/ 4. I have considered the above submissions. 5. The fact remains that the petitioner was in Saudi Arabia and even on the date of death of the deceased, he was not in India. He returned only on 04.10.2011, he was arrested on the same day. As of now, there is no material to show that the petitioner with an intention to drive the woman to commit suicide, he did commit any act. Thus prima facie, I am satisfied that the petitioner is entitled for bail. In such view of the matter, I am inclined to grant bail to the petitioner, but with stringent conditions. 6. In the result, this petition is ordered and bail is granted to the petitioner on the following conditions: - (i) The Petitioner shall be enlarged 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, Padmanabhapuram; and (ii) the Petitioner shall report before the respondent police, everyday at 10.30 a.m until further orders. Sd/- 02/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, PADMANABHAPURAM 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSEPCTOR OF POLICE, KOTHICODE POLICE STATION, KANYAKUMARI DISTRICT. 5. THE OFFICER IN-CHARGE, DISTRICT PRISON, NAGERCOIL. +1 CC to M/S. C.K.M.APPAJI Advocate SR.No.37613 ORDER IN CRL OP(MD) No.13990 of 2011 Date :02/11/2011 NSV/3.11.11/2P/7C https://hcservices.ecourts.gov.in/hcservices/