M.Sudhakar vs State

G.Ilangovan, J

The petitioner/1st accused, who was arrested and remanded to judicial custody on 02.07.2023 for the offence punishable under Sections 294(b), 506(i) and 509 of IPC and 4 of TNPHW Act @ 294(b), 506(i), 509 and 323 of IPC and 4 of TNPHW Act and 67 of IT Act @294(b), 506(i), 354, 354(d), 323 and 328 of IPC, in crime No.542 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that because of love affair between the defacto complainant and this petitioner, some sort of trouble arisen between them. The parents of the victim, arranged marriage for her with some other boy. Taking advantage of the photos taken during the course of affair, the same was sent to the bride groom family, so that the above said marriage was cancelled. Out of frustration, the victim attempted suicide. On the basis of the complaint given by her, the petitioner was arrested and is still in custody.

The learned counsel for the petitioner would submit that due to some problem between the victim and the petitioner, the above said love affair discontinued. Now the petitioner has filed an affidavit that he is ready and willing to marry the victim girl.

Heard both sides and perused the materials available on record including the First Information Report.

The learned Additional Public Prosecutor would submit that there was love affair between the petitioner and the victim girl. When marriage was arranged between the victim and another boy, the photos taken during the affair was sent to the bride groom family by the petitioner, due to which, she attempted suicide.

6.Considering the fact that the petitioner is ready to file an undertaking affidavit that he will not make any trouble to the victim girl in future and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.

7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 District Munsif cum Judicial Magistrate Court, Orathanadu, Thanjavur District, on further condition that the petitioner shall also file an undertaking affidavit before the trial Court that he will not make any trouble to the defacto complainant in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. If any case is registered against the petitioner in future, the bail that has been granted in this case, will stand automatically cancelled without reference to this Court.