Dhanasekaran vs Inspector Of Police

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 17.09.2022 for the offence under Section 174 Cr.P.C and Section 302 IPC in Crime No.181 of 2022, on the file of the respondent police seeks bail.

The case of the prosecution as per the defacto complainant one Madhu, who is a Village Administrative Officer, is that on 23.07.2022, she received a call from the village people that the victim Govindan was lying dead with blood injuries in his house in a suspicious manner. Based on her complaint, originally a case in Crime No.181 of 2022 was registered under Section 174 Cr.P.C. During the course of investigation, it was found that the wife of the deceased along with her paramour/A1 and others have committed murder of the victim and therefore, the offence has been altered to one under Section 302 IPC. Hence, the case.

The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that there is no eye witness to prove that the petitioner had also involved in the crime and hence, he would pray for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner along with the wife of the deceased had committed murder of the victim. He would further submit that the investigation is almost completed.

Considering the nature of allegation against the petitioner and considering the period of incarceration undergone by the petitioner and that the investigation is almost completed, this Court is 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, out of which one should be a blood related surety each for a like sum to the satisfaction of the learned Principal District Judge, Dharmapuri 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 petitioner shall report before the respondent police every Monday and Saturday at 10.30 a.m., until further orders;

[c]the petitioner shall not tamper with evidence or witness during trial;

[d]the petitioner shall not abscond during investigation/trial;

[e]on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and;

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

On considering the nature of occurrence, this Court recommends that it is a fit case to refer, as per 357(A) (1) (2) and (6) of Victim Compensation Scheme. The Legal Services Authority, Salem, is hereby directed to pay a sum of Rs.50,000/- [(Rupees Fifty Thousand Only) each as interim compensation to the each minor children of the deceased, who are now under the care and custody of the maternal grand parents and the said amount of Rs.50,000/- each is to be deposited in the minors' account and the interest for the said amount is ordered to be used for the welfare of the minor, in the manner known to law within a period of 8 weeks from the date of receipt of copy of this order.

With the above directions, this Criminal Original Petition is ordered.