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Judgment
B.Pugalendhi, J
The petitioner, who was arrested on 03.04.2024, for the alleged offence under Section 174 of Criminal Procedure Code @ 306 IPC, in Crime No.142 of 2024 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner is the son of the deceased. The son and his mother are living separately. They said to have demanded a share in the property from the deceased. The wife of the deceased has filed a civil suit in O.S.No.337 of 2021 as against the deceased before the Sub Court, Srivilliputhur for maintenance. The deceased, who got frustrated has committed suicide by consuming poison. The mother and the son are arrayed as A2 and A1 in the above case. This petitioner, who is A1 was arrested on 03.04.2024.
3.The learned counsel for the petitioner submits that the petitioner is working in Madurai and he rarely comes to his home town. The petitioner has been implicated in this case, based on the compliant of his sister due to previous enmity. He further submits that no previous case is pending as against this petitioner. He is languishing in jail from 03.04.2024.
4.The learned Additional Public Prosecutor appearing for the respondent submit that there is a family dispute among the family members.
Considering the facts and circumstances of this case, relationship and the period of incarceration, this Court is inclined to grant bail to the petitioner.
Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:-
i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Rajapalayam.
ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioner shall report before the respondent police daily at 10.30 a.m. He has to co-operate for the investigation.
iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.
v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.