Nachi vs State

G.Chandrasekharan, J

The petitioner, who was arrested and remanded to judicial custody on 07.07.2023 for the offences punishable under Sections 174 of Cr.P.C subsequently altered into Section 306 of IPC in Crime No.385 of 2023, on the file of the respondent police seeks bail.

The learned counsel for the petitioner submitted that, petitioner is the husband of the deceased Sridevi. They got married in the year 2014 and have three children through their wedlock. Thereafter, due to some family issues, the deceased committed suicide. Petitioner is falsely implicated in this case, which was originally registered under Section 174 of Cr.P.C, and subsequently altered into Section 306 of IPC. Petitioner is in Judicial Custody from 07.07.2023. Thus, he seeks bail to the petitioner.

In response, learned Additional Public Prosecutor submitted that, marriage between the deceased and the petitioner had taken place in the year 2014. Petitioner had developed illicit intimacy with another women. Petitioner has not taken cared of the deceased and their children. Therefore, there arose frequent quarrel between them. It is alleged that, deceased under the influence of alcohol, asked the deceased to commit suicide. On 06.07. 2023, at about 10.30.p.m., there was a fight between the petitioner and the deceased with regard to payment of School Fee to their Children. Deceased said to have challenged the petitioner whether he is a man, that he is not able to provide money for payment of School Fees. Thereafter, petitioner said to have driven out the deceased and locked the door. In the midnight, deceased said to have committed suicide by hanging.

Considered the rival submissions and perused the records. It is seen that, in a matrimonial issue and also for the reason that, petitioner had not taken care of the welfare of the family members, there arose wordy quarrel between the deceased and the petitioner leading to the deceased taking an extreme decision of committing suicide. Petitioner is in Judicial Custody from 07.07.2023. Material part of the investigation might have been over by this time. Thus, this Court is inclined to grant to bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Thirupattur 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., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner 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 absconds, a fresh FIR can be registered under Section 229A IPC.