Prabhuramkumar vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 06.11.2022 for the offence under Section 174 Cr.P.C. altered into Section 304 (ii) of IPC, in Crime No.198 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner is having money dispute with the defacto complainant over getting employment for his brother from the defacto complainant. On the date of occurrence, this petitioner went to his room and demanded repayment of money, thereby quarrel erupted between them, due to which, the petitioner said to have attacked him with wooden log and hit his head on the well, thereby committed culpable homicide. Subsequently, he took the victim to the hospital and informed the hospital authorities, due to illness, treatment required and later it was found that he died. Hence, the complaint.

The learned Counsel for the petitioner would submit that out of wordy quarrel on the date of alleged occurrence, he committed culpable homicide. He would further submit that he is an innocent person and he has been falsely implicated in this case. He would submit that the investigation is almost completed and the petitioner has been suffering incarceration from 06.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) raised objection stating that they were friends and on the date of alleged occurrence the petitioner attacked the defacto complainant with wooden log and also hit his head on the wall and subsequently, he died, thereby he committed culpable homicide. He would further submit that if he is released on bail, he would hamper the investigation and tamper the witnesses.

On seeing the family condition that the parents of deceased have lost their son and they depend upon the income of their son, and the petitioner is languishing in judicial custody from 06.11.2022, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing 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-VII, Coimbatore, 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 petitioner shall appear before the respondent police at 10.30 a.m. daily for the period of two months and thereafter, on every Saturday at 10.30 a.m. for another period of three months.

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

(d) the petitioner shall not abscond during trial;

(e) the petitioner shall not tamper with evidence or witness during trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.

Further, as per FIR, the deceased committed culpable homicide due to quarrel between the petitioner and the deceased and thereby, the petitioner has been charged with for the offences under Section 304 (ii) IPC. It is seen that the parents of the deceased lost their son in the said occurrence. Hence, this Court recommends that it is a fit case to refer, as per 357(A) (1)(2) and (6) of Victim Compensation Scheme. The Legal Services Authority, Coimbatore District, is hereby directed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the account of parents of the deceased as interim compensation in the manner known to law within a period of 4 weeks from the date of receipt of copy of this order. The parents of deceased are permitted to withdraw the amount.

With the above directions, this Criminal Original Petition is ordered.