BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) Nos.11647 AND 11648 of 2011 ANBU @ GOIVINDHARAJAN ... PETITIONER / ACCUSED 3 IN CRL OP.11647/2011 K.SUBBIAH ... PETITIONER / ACCUSED 1 IN CRL OP.11648/2011 Vs THE INSPECTOR OF POLICE ARAVAYAL POLICE STATION, DEVAKOTTAI TALUK CIRCLE, CRIME NO.116 OF 2011 ... RESPONDENT IN BOTH THE PETITIONS For Petitioner : M/S. S.VIJAYASHANTHI Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A3 and A1 and they were arrested and remanded to judicial custody on 28.07.2011 for the alleged offence punishable under Section 174 Cr.P.C. @ 306 I.P.C., in Crime No.116 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioners in both the petitions would submit that A1 is the father-in-law of the deceased and A3 is the maternal uncle of the deceased. He further submitted that the first accused daugther viz., Revathi has got married the deceased and they are having 2 1/2 years old female child. He further submitted that there is a family dispute between the husband and wife, she left the matrimonial home and residing with her parents and A1 has given a complaint against the deceased in respect of family dispute. He further submitted that the deceased has approached A1 and demanded to send his wife along with him, however, A1 has refused to send his daughter along with the deceased and also demanded a sum of Rs.3 Lakhs from the deceased and after two months, the deceased has committed suicide. He further submitted that A3 has nothing to do with the alleged commission of offence and A2, who is the wife of the deceased has already been enlarged on bail and the investigation is considerably over and they are in custody for more than 40 days and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that the first accused daughter, who is the second accused got married with the deceased, because of the family dispute, she left the matrimonial home and hence, A1 has given a complaint against the deceased. He further submitted that on 27.07.2011, the deceased has committed suicide and on the basis of the complaint given by the mother of the deceased, a case has been registered under Section 174 Cr.P.C. and subsequently, it was altered into one Section 306 I.P.C. He further submitted that in the https://hcservices.ecourts.gov.in/hcservices/ suicide note, the petitioners' names have been mentioned and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that A1 is the father-in-law of the deceased and A3 is the maternal uncle of the deceased and there is a matrimonial dispute between the spouses, the wife of the deceased had left the matrimonial home and the deceased has approached A1 and demanded to send his wife along with him, however, A1 has refused to send his daughter along with the deceased and also demanded a sum of Rs.3 Lakhs from the deceased and after two months only, the occurrence has been taken place and admittedly, the mother of the deceased has given a complaint, in that nothing has been mentioned, but as per the version of the learned Additional Public Prosecutor, in the suicide note, the name of the petitioners have been mentioned and the investigation is considerably over, I am inclined to grant bail to the petitioner in both the petitions with certain conditions. 5. Accordingly, the petitioner in both the petitions are ordered to be released on bail on executing a separate 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, Devakottai and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, DEVAKOTTAI. 2. THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI. 3. THE INSPECTOR OF POLICE ARAVAYAL POLICE STATION, DEVAKOTTAI TALUK CIRCLE. 4. THE SUPERINTENDENT, CENTRAL PRISON, TRICHIRAPALLI. 5. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. + 2 CCs to M/S. S.VIJAYASHANTHI Advocate SR. Nos.29864, 29865 ORDER IN CRL.OP(MD)Nos.11647&11648 of 2011 Date :05/09/2011 RJ/6.9.11 2p/8c https://hcservices.ecourts.gov.in/hcservices/