Gomathi vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 28.12.2022 for the alleged offence under Sections 302 I.P.C. and later altered into Sec.302 r/w 120(B) of I.P.C. in Crime No.931 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that as this petitioner had illegal affair with A1, which was questioned by her husband, and on enraging over that and also to continue their relationship, both the accused conspired together and said to have planned to murder him. In pursuance of the same, A1 came to the work place of deceased and brutally attacked him with knife, thereby he succumbed to injuries. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that she is having two children from the wedlock with the deceased and both of them lead their happy marital life and she is not having illegal affair with A1, but he developed one side affair and murdered her husband, thereby he falsely confessed her name. He would submit that the respondent police arrested her at mother-in-law's house and she was not present in the place of occurrence and she way connected with the offence and she has not committed any of offence as alleged by the respondent police. He would also submit that she has been falsely implicated in this case and she will abide by any condition that may be imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 62 days from 28.12.2022. He would also submit that the petitioner is having two children and they were under the custody of grandparents and living without parents care. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally there are 2 accused involved in this case and this petitioner is arrayed as A2, wife of deceased. He would submit that A1 and A2 are having illegal affair and deceased is the husband of her, who is aged about 33 years and she is having two children during wedlock. He would submit that the defacto complainant is a co-employee and when A1 went to the deceased working place, thereby there was a quarrel between them, in which, he abused him and also assaulted him with knife, resulting in which, he succumbed to injuries. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances and also the fact that the investigation is almost completed, and the fact that now the children of the petitioner and deceased living without care of parents and on considering the period of incarceration from 28.12.2022 undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on executing separate bonds 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 IX Metropolitan Magistrate, Saidapet, Chennai, 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 on every Tuesday and Saturday at 10.30 a.m. for the period of three months and thereafter, she shall report before the respondent police as and when required for interrogation.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond 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 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.