Umarani vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 12.11.2022 for the alleged offence under Sections 174 Cr.P.C. and subsequently altered into Sec.302 of I.P.C. in Crime No.907 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that the petitioner is wife of deceased and they have got three children. On the date of alleged occurrence i.e. on 12.11.2022, when her husband was drinking at home without going to work, there was a wordy quarrel between them, resulting in which, he attacked her, hence, she left home and on coming back, she saw her husband died by hanging. Accordingly, she lodged the complaint.

The learned counsel appearing for petitioner submitted that without proper enquiry, she was arrested and charged her under Sec.302 I.P.C. He would submit that she is no way connected with the offence and she has not at all committed any of offence as alleged by the respondent police. He would further submit that she has been falsely implicated in this case and she will abide by any condition imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 51 days from 12.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are two accused and the petitioner is wife of deceased and she is arrayed as A1 and her son is arrayed as A2. He would submit that as deceased came everyday in a drunken stage, there was a wordy quarrel between them, resulting in which both the accused attacked him with iron rod, thereby he sustained injury and died. However, she lodged a complaint stating that her husband committed suicide by hanging, but the post-mortem report reveals that due to head injury, her husband died. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

On seeing the facts, the petitioner is wife of deceased and as per F.I.R. allegation, on the date of alleged occurrence, her husband committed suicide. Hence, the F.I.R. was registered under Sec.174 of Cr.P.C. and as per the post mortem report, it reveals that deceased, who was in drunken mood caused wordy quarrel with his wife/petitioner and his son, thereby both attacked each other, in which, he sustained head injury and subsequently died. So, as per the report, both wife and minor son of deceased are implicated as accused under Sec.302 of I.P.C. and both were arrested. Considering the above facts and circumstances, and also the fact that due to family dispute, the alleged incident occurred, and the investigation almost completed and considering the nature of offence committed by the petitioner and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Sriperumbudur, 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 report before the respondent police on every Wednesday at 10.30 a.m. for the period of three weeks ;

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

(d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or 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.