K.Chitra vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 24.12.2022 for the alleged offence under Man Missing and subsequently it was altered into Sec.147, 148, 120(B), 450, 302, 201 of I.P.C. in Crime No.511 of 2022 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner is wife of deceased person and she is an Government employee. On 16.10.2022 at about 10.00 hrs., deceased informed his mother that he is going to Krishnagiri to meet his friend and thereafter, he did not turn up, even after lapse of a month, his whereabouts not known and no communication from him. Hence, on suspicious, she preferred a complaint before the respondent police and on receipt of the same, the respondent police registered a case under Man Missing.

Subsequently, during investigation, A2 and A3 were arrested on suspicious and it reveals that A2 having illicit intimacy with the petitioner and the same was objected by the deceased and hence, there was frequent quarrel between them. Hence, on the instigation of this petitioner, A2 and her son A3 along with other accused conspired together and committed murder of deceased by screening the body. Accordingly, the complaint was registered against the petitioner.

The learned counsel for the petitioner submitted that the petitioner and the deceased got married 23 years back and out of their wedlock, two children were born. However, after birth of child, deceased lead wayward life and involved in theft cases and number of criminal cases pending against him. He was also booked under Goondas Act and his name is entered in rowdy list. Due to his illegal activities, the petitioner and her children deserted 15 years back and living separately. Further, the deceased also got 2nd marriage with another woman and living separately, and there was no communication between them till her arrest. However, the deceased often suspecting her character caused interference. Now, all of a sudden, the respondent police foisted a false case against her that she had illicit intimacy with A2 and there was no such relationship between her and A2. The petitioner is discharging her duty as Sub-Inspector of Police, E.O.W.. He would also submit that she is an innocent person and she has not at all committed any offence as alleged by the respondent police and she is no way connected with the said occurrence. He would submit that there is no role of the petitioner in the alleged offence and she has been falsely implicated as accused in this case. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 50 days from 24.12.2022. He would submit that this is the second petition seeking for bail. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 10 accused involved in this case and the petitioner is arrayed as A1. He would submit that all the accused were arrested. He would further submit that as she is having illicit intimacy with A2, she conspired together with other accused and on the date of alleged occurrence, she attacked the deceased, thereby he succumbed to injuries. He would also submit that the investigation is in preliminary stage and if he is released on bail, he would tamper the witnesses and hamper the investigation. Hence, he 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 the petitioner's children, who were living without parental care and also 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 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, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Uthangarai 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 daily 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.