Madhayan vs State

T.V. Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 13.12.2022 for the alleged offence under Sections 302 of I.P.C. in Crime No.249 of 2022 on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant is the wife of deceased person and the marriage between them was solemnised 32 years ago and out of wedlock, they had two sons. Since the deceased addicted and tend to some bad habits, she is residing in her parental home and her sons are residing at their matrimonial home. While being so, on 12.12.2022 at about 12.00 p.m. she was informed that her husband found dead near their cowshed and she went there and found the deceased body of her husband disfigured and cut injuries in his head. Accordingly, she lodged the complaint.

The learned counsel for the petitioners submitted that there is no specific overtact attributed against the petitioners and they are innocent persons and they have not at all committed any offence as alleged by the respondent police. He would submit that they are the sole bread winner of their family. He would submit that they are nothing to do with the instant case and they will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration for more than 61 days from 16.12.2022. Hence, he prayed to grant bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 4 accused involved in this case and the petitioners are arrayed as A3 and A4, who are relatives of A1 and A2. He would submit that father was murdered by A1 and A2 for the reason that their father is having illicit intimacy with another lady and not taking care of their mother. He would submit that their friends also participated in the crime and attacked him. He would submit that if they are released on bail, they would tamper the witnesses and hamper the investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioners.

Considering the above facts and circumstances, and also the fact that on the date of alleged occurrence, there was a quarrel between the deceased and his wife and sons, thereby A1 and A2 attacked the deceased with iron rod on his head, resulting in which, he sustained injuries and died, so, there was no intention to murder the deceased, however the alleged occurrence happened on that day and as these petitioners are their family members, they have only accompanied with them, and the investigation is almost completed and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:

Accordingly, the petitioners are ordered to be released on bail on condition to execute a 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 No.1, Dharmapuri, and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(b) the petitioners shall report before the respondent police on alternative days at 10.30 a.m. for the period of two months ;

(c) the petitioners shall not commit any offences of similar nature;

(d) the petitioners shall not abscond either during investigation or trial;

(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial 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];

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.