Senthilkumar vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 22.10.2022 for the offence under Section 302 IPC in Crime No.499 of 2022, on the file of the respondent police seeks bail.

The case of the prosecution is that the petitioner and the petitioner is the father of the deceased and the defacto complainant is the mother of the deceased. The deceased one Madhan used to consume alcohol and smoke ganja and pick up quarrel with his family. While so on 21.10.2022, when the petitioner questioned the deceased, who came to the house in drunken mood, he took grinding stone and attempted to attack the petitioner. Suddenly, the petitioner turned out to another side and the deceased was hit with the stone. Subsequently, the deceased was admitted in the hospital and died on 22.10.2022. Hence, the case.

The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the deceased caused trouble to his family members by smoking ganja and involving him in some illegal activities. On the date of occurrence, the deceased person in a drunken mood picked up quarrel with the petitioner and tried to attack him with "Ammikkal" stone. Suddenly, the petitioner turned out to another side and the deceased was hit by the stone and he was admitted in the hospital. He would further submit that the petitioner has been suffering incarceration from 22.10.2022 and hence, he would pray for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) would raise strong objection stating that when the petitioner questioned the deceased, who was in drunken mood came to the house, there arose a quarrel, in which the petitioner took the grinding stone and thrown it on the deceased. Due to which, the deceased was admitted in the hospital and treated. However, on the next day, he died due to grievous injuries sustained by him. He would further submit that the investigation is almost completed.

Considering the nature of the allegation against the petitioner and considering the period of incarceration undergone by the petitioner and that the investigation is almost completed, 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 a 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, Arani 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 on every Wednesday at 10.30 a.m., for a period of three months and thereafter appear before the trial Court on all hearing dates;

[c]the petitioner shall not tamper with evidence or witness during trial;

[d]the petitioner shall not abscond 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 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]; and;

[f]if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.