1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.NAGAMUTHU CRL OP(MD) No.13922 of 2011 RATHNA KUMAR @ SHANMUGAM ... PETITIONER / ACCUSED NO.1 Vs STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, CR NO. 264/2011, TIRUNELVELI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.RAGAVENTHRE Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is accused No.1 in Cr.No.264 of 2011 on the file of the respondent police for offence under Section 174 of Cr.P.C altered into 306 of I.P.C. Apprehending arrest, at the hands of the respondent police, the petitioner is before this Court seeking anticipatory bail. 2.According to the case of the prosecution, the petitioner had developed illicit intimacy with the wife of the deceased. The deceased reprimanded his wife. Without stopping with that, his wife has eloped with the petitioner. Depressed over the same, the deceased has committed suicide. The wife of the deceased is the second accused in this case. 3.The learned counsel for the petitioner would submit that the petitioner is in no way responsible for the commission of suicide by the deceased. He further submitted that there is no illicit intimacy between the petitioner and the wife of the deceased. It is only out of suspicion, the deceased had questioned such relationship. 4.I have considered the above submissions. 5.In my considered opinion, as of now, the deceased committed suicide because of the conduct of his wife and there was no malice in any manner driven by the petitioner. 6.Having regard to the above facts and circumstances, I am inclined to grant anticipatory bail to the petitioner, but with stringent conditions: https://hcservices.ecourts.gov.in/hcservices/ 2 7.Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Sivagiri, on 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police every day at 10.30 a.m. for a period of eight weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 01/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, SIVAGIRI. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. THE SUB INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.RAGAVENTHRE Advocate SR. No.37657 ORDER IN CRL OP(MD) No.13922 of 2011 Date :01/11/2011 RJ/3.11.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/