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Judgment
The petitioner /Sole Accused, who was arrested and remanded to judicial custody on 09.07.2026, for the offences punishable under Section 174 Cr.P.C., @ into Sections 306 and 417 of IPC, in Crime No. 137 of 2019, on the file of the respondent police, seeks bail.
The allegation against the petitioner is that he on the pretext of marrying the victim girl aged about 21 years, had a sexual relationship with her. After the victim became pregnant, the petitioner has not come forward to marry her. Subsequently, he married another girl. Unable to bear the said situation, the victim committed suicide by hanging herself. Hence, a complaint was lodged and a case was registered. During the course of investigation, it was further revealed that the victim was carrying a child and after comparing the DNA test results with the petitioner, he was arrayed as an accused and arrested. Thereafter, the case was altered to Sections 306 and 417 of the IPC.
The learned counsel appearing for the petitioner submitted that the petitioner was also aged about 21 years at the time of the occurrence and that he had not cheated the victim. He further submitted that due to a misunderstanding, the victim had committed suicide. He is ready to cooperate with the investigation. Hence, he prayed to grant bail to the petitioner.
The learned Counsel for State of TN (Crl. Side) appearing for the respondent Police reiterated the prosecution case and submitted that after receiving the DNA report, the Sections have been altered and the investigation in this case has not been concluded. Hence, he opposed to grant bail to the petitioner.
This Court heard both sides and perused the materials available on records
Considering the nature of the allegations, the facts and circumstances of the case, the age of the victim and it is a case of suicide and also considering the period of incarceration already undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Munsif Cum Judicial Magistrate Watrap, Virudhunagar District, and on further conditions that:
[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation before the respondent Police;
[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[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 51730].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.