K.Sundararajan And Other vs State

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 20.02.2023 for the alleged offences punishable under Sections 174 Cr.P.C @ Sections 498(a) and 306 of IPC in Crime No.42 of 2023 on the file of the respondent Police, seek bail.

2.The case of the prosecution is that the petitioners being in-laws had harassed and caused cruelty, as a result of which, the daughter of the defacto complainant had committed suicide. Hence, the complaint.

The learned Counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that even as per the prosecution, the daughter of the defacto complainant had returned to the matrimonial home on the date of occurrence after being stayed with her parents from November 2022 onwards and had committed suicide for the reasons best known to her. He would further submit that the RDO enquiry is also completed and it has also revealed that there is no demand of dowry. He would also submit that the petitioners are in judicial custody from 20.02.2023 and hence, he prays for grant of bail to the petitioners.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners being in-laws had harassed and caused cruelty, as a result of which, the daughter of the defacto complainant had committed suicide. He further submitted that the investigation has almost been completed and RDO enquiry has also been completed. However, he vehemently opposed to grant bail to the petitioners.

5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record including the RDO enquiry report.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioners and also of the fact that the RDO enquiry has been completed and the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond 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 Judicial Magistrate, Tiruchengode 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 first petitioner shall report before the respondent Police on every Saturday at 10.30 a.m., for a period of three months and the second petitioner shall report before the respondent Police as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.