V.Rajesh vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 01.12.2022 for the alleged offence under Section 174(3) of Cr.P.C. and subsequently it was altered into Sec.306 of I.P.C. in Crime No.296 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that the petitioner and defacto complainant's daughter are husband and wife and he is alcoholic addict and several family disputes frequently arose between them. While being so, on 29.11.2022, when the defacto complainant and her son visited to the petitioner's house for seeing her daughter, at that time, he brought food for her from a hotel, for which, his mother scolded them for bringing food from hotel, due to which, the victim girl committed suicide by hanging. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that there is no harassment and torture given by the petitioner or his parents to the deceased. He would submit that for attracting Sec.306 of I.P.C., there must be an instigation to commit suicide and there must be an aid for abetting the crime, but as per the ingredients of Sec.306 I.P.C., it was completely absent. Hence, only with an ulterior motive, he was arrested and he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 81 days from 01.12.2022. 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 involved in this case and the petitioner is husband of deceased, who committed suicide by hanging leaving two children. He would submit that the RDO enquiry was conducted and the report was submitted before this court. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would strongly opposed to grant bail to the petitioner.

Considering the facts and circumstances and also the fact that the investigation is almost completed, and the fact that RDO enquiry was conducted, which would reveal that there is no dowry harassment made by the petitioner or his family members and also the fact that deceased committed suicide leaving two children, who are in custody of grandparents and they are living without the parental care, and 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 executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned Judicial Magistrate-III, Vellore, 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 alternative days at 10.30 a.m. for the 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 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.