Parthasarathy vs Inspector Of Police

B.Pugalendhi, J

The petitioner / accused No.1, who was arrested and remanded to judicial custody on 15.02.2024 for the offence punishable under Section 174(3) IPC in Crime No.340 of 2022 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the marriage between the petitioner and the deceased was performed on 24.08.2016 and the petitioner abetted the victim girl to commit suicide demanding jewels and cash. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. The petitioner is the husband of the deceased. He would further submit that the petitioner has been falsely implicated in this case and that the petitioner is in judicial custody from 15.02.2024. Hence, he prays for bail.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner in collusion with other accused has harassed the deceased demanding dowry, due to which, she committed suicide. He would further submit that co-accused in this case have already been released on bail as per the order of this Court in Crl.O.P.(MD)No. 4951 of 2024, on 28.03.2024 and after completing investigation, final report has already been filed.

5.Heard the learned counsel on either side.

6.Considering the fact and circumstances of the case, the period of incarceration and also considering the fact that the investigation is completed and final report is also filed, this Court is inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following condition:

i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Kumbokonam

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. He has to co-operate for the trial.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.