BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of July Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8951 of 2011 K.SELVAKUMAR ..PETITIONER/SOLE ACCUSED Vs. THE STATE REP.BY ITS THE SUB-INSPECTOR OF POLICE C2 SUBRAMANIYAPURAM POLICE STATION, MADURAI. CRIME NO.1187/2011 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. J.JEYAKUMARAN 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 petitioner is sole accused. The petitioner was arrested and remanded to judicial custody on 29.06.2011 for the alleged offence punishable under Sections 498(A) and 506(i) of IPC in Crime No.1187 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit that the petitioner is the husband of the defacto complainant and on 11.06.2011, there was a fire accident and she was immediately admitted in Grace Kennet Hospital where she has stated that due to accident, the occurrence was happened. He further submitted that on 29.06.2011, the defacto complainant gave a complaint stating that the husband/the petitioner has demanded R.C. Book from her father on 10.06.2011 to sell one omni van and the alleged occurrence has been taken place on 11.06.2011 and a case has been registered after a lapse of 18 days i.e. on 29.06.2011 and the petitioner was remanded to judicial custody and hence, he prays for enlargement on bail. 3.The learned Additional Public Prosecutor (Crl.Side) submitted that the alleged occurrence took place on 11.06.2011 and the complaint was given on 29.06.2011 and on the date itself he was arrested and remanded to judicial custody and three witnesses have https://hcservices.ecourts.gov.in/hcservices/ been examined and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, this Court could find that the marriage has been performed on 23.02.2002 and the alleged occurrence took place on 11.06.2011 and she was treated in Grace Kennet Hospital at Madurai and she has stated that it is only a fire accident and as per the case diary, the complaint has been given on 29.06.2011 and in that only, it was alleged that due to dowry harassment, the occurrence has been taken place and the case has been registered under Sections 498(A) and 506(i) of IPC. Considering the delay in preferring the complaint and the nature of the alleged offence, I am inclined to grant bail to the petitioner with certain conditions. 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 No.IV, Madurai, and on further condition that the petitioner shall appear before the learned Magistrate concerned daily at 10.30 a.m until further orders. sd/- 20/07/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE SUB-INSPECTOR OF POLICE C2 SUBRAMANIYAPURAM POLICE STATION, MADURAI. +1. CC to M/S. J.JEYAKUMARAN Advocate SR.No.23663 akm/20.07.11 /2p-7c/ ORDER IN CRL OP(MD) No.8951 of 2011 Date :20/07/2011 https://hcservices.ecourts.gov.in/hcservices/