Jaganathan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 17.10.2022 for the alleged offence under Sections 174 Cr.P.C. altered into Sec.306 of I.P.C. in Crime No.204 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that the defacto complainant lodged a complaint alleging that on 04.09.2022 at about 06.00 a.m., her daughter, wife of petitioner herein, committed suicide by self-immolation in her matrimonial home due to dowry demand and harassment of petitioner and his family members. It is also alleged that the petitioner in a drunken mood ill-treated her and harassed her by demanding more dowry, due to which, the deceased committed suicide by way of pouring thinner and set fire herself. Hence, the complaint.

The learned counsel appearing for petitioner submitted that he is the husband of deceased and having a male child, aged about 1 year and on the date of occurrence, there was only a wordy quarrel between them. He would submit that at the time of occurrence, he was not present in the house and there is no dowry demand by him and the deceased never gave any statement against him and his family members. He would submit that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition imposed by this court. He would also submit that the investigation is almost completed and the petitioner has been suffering incarceration for more than 55 days from 17.10.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are three accused involved in this case and this petitioner is arrayed as A1. He would submit that due to dowry harassment, wife committed suicide within one year of marriage and they had one child. He would also submit that investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. Hence, he would vehemently opposed to grant bail to the petitioner.

Considering the fact that child, who is aged one year, is in the custody of maternal parents and complainant herself is mother of deceased, this court is inclined to direct the petitioner to pay interim maintenance to the child. Considering the fact that the investigation is almost completed, and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.5000/- (Rupees Five Thousand only) as interim maintenance to the child to the account of anyone of maternal grandparent from this month, until it is modified by any of the court of law and the said amount shall be utilised for the welfare of child and on such deposit, 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, for a like sum to the satisfaction of the learned Judicial Magistrate, Arakkonam, 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 Wednesday at 10.30 a.m. for the period of three months.

(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.

Post the matter for reporting compliance on 10.01.2023.