Sivakumar vs State

V. Sivagnanam, J

The petitioner, who was arrested and remanded to judicial custody on 11.10.2023 for the alleged offence punishable under Section 174 (3) Cr.P.C., altered into Section 306 IPC in Crime No.335 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant’s daughter is the wife of the petitioner herein and she came to know that the petitioner herein is having illegal relationship with some other lady. Hence, she committed suicide by falling into the well. Hence the case.

3.The learned counsel appearing for the petitioner would petitioner is innocent and he has not committed any offence prosecution. He would further submit that the petitioner is 11.10.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that after knowing that the petitioner is having illegal relationship with another lady, his wife, who is daughter of the defacto complainant, committed suicide by falling into the well. He would further submit that the investigation in this case is still pending.

5.Heard both sides and perused the materials available on record.

6.Considering the nature of allegations made against the petitioner and also considering the period of incarceration and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant bail to the petitioner.

7.Accordingly, the petitioner is ordered to be released on bail on condition to execute a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the learned Judicial Magistrate, Vedasandur, Dindigul District and on further conditions that:

(i) the petitioner shall appear before the trial Court on receipt of summons.

(ii)the petitioner shall not tamper with evidence or witness.

(iii)the petitioner shall not abscond during trial.

(iv) 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].

v)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.