Anandhi And Others vs State

G.Chandrasekharan, J

The petitioners, who were arrested and remanded to judicial custody on 21.05.2023 for the offences punishable under Sections 306 of IPC read with Section 4(B)(2) of TNPWH Act in Crime No.101 of 2023 on the file of the respondent police, seeks bail.

The learned counsel for the petitioners submitted that, 1st petitioner and the 2nd petitioner are husband and wife. 2nd petitioner had illicit relationship with the deceased Lakshmi and that was objected by the 1st petitioner and her children. It appears that the deceased committed suicide implicating the petitioners that they are responsible for the commission of the suicide by the deceased. He further submitted that, petitioners are in Judicial Custody from 21.05.2023. Therefore, he prays for grant of bail to the petitioners.

In response, learned Government Advocate (Crl. Side) submitted that, deceased gave dying declaration stating that she married the 2nd petitioner Srinivasan, due to which, 1st petitioner and her children abused, ill-treated and beaten with slipper and also torn her blouse. Unable to bare this insult, she self immolated her. Therefore, he opposed for granting bail to the petitioner.

Taking into consideration the fact that the petitioners are in Judicial Custody from 21.05.2023 and that the substantial part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioners.

Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Tiruvallur and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30.a.m., until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.