Vasanth @ Vasantharaja vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 28.10.2022 for the offence under Sections 294(b), 323, 324, 506(ii) and 307 I.P.C., in Crime No.672 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner is husband of defacto complainant. She deserted him and living separately in her parental village. In the said circumstances, on 28.10.2022, the petitioner said to have went to her parental home and insisted her to come and live with him, but she refused, thereby there was a wordy quarrel between them. Due to which, he assaulted her with knife and scolded her in filthy language and also threatened her with dire consequences. Hence, the complaint.

The learned counsel for the petitioner submitted that there is a matrimonial dispute between the petitioner and his wife. He would submit that he has not at all committed any offence as alleged by the respondent police. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 41 days from 28.10.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) raised objection stating that the petitioner attacked his wife and she is still in hospital under treatment. He would further submit that if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he opposed to grant bail to the petitioner.

Considering the fact that the investigation is almost completed, and also considering the period of incarceration undergone by the petitioner, 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 No.2, Ulundurpet, 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 appear before the respondent police at 10.30 a.m. daily for a period of two months.

(c) the petitioner shall not tamper with evidence or witness either during investigation or 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.