Stalin v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Stalin ... Petitioner Vs.
The State represented by, The Inspector of Police, Vadalur Police Station, Cuddalore District.
(Crime No.340 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.340 of 2024, pending investigation on the file of the respondent Police.
For Petitioner :
Mr.P.Parthipan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.340 of 2024 registered under Section 194(3) of BNSS and later, altered for the offence punishable under Section 108 of BNS.
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2. The incarceration of the petitioner being from 05.12.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the fact remains that the petitioner got a job in a company viz., Al Rawabit International LLC situated in UAE, where, the petitioner was about to join on 06.12.2024, whereas, the wife of the petitioner/deceased insisted that she should also be taken along with him, however, since the petitioner's employer had not given a family Visa, the petitioner was unable to take the victim along with him and thereby, there was a quarrel the petitioner and the victim, due to which, the victim had committed suicide.
He also submits that there is no material to show that the petitioner had abetted the victim to commit suicide and further, there is no demand of dowry. He further submits that the petitioner's two year old child is suffering without the parental care. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the daughter of the de facto complainant/victim was given in marriage to the petitioner on 16.09.2021 and they have a girl child and thereafter, her son-in-law/petitioner harassed her daughter by demanding dowry for 2/4
obtaining Visa and thereby, the victim, unable to bear the harassment made by the petitioner, had committed suicide by hanging on 05.12.2024. He further submits that the RDO enquiry is pending in this case, thereby, the case is under investigation.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and also considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Kurinjipadi, 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 stay at Chennai and report before the Inspector of Police, R4, Soundarapandianar Police Station, everyday at 10.30a.m., until further orders; 3/4
A.D.JAGADISH CHANDIRA., J.
ham [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
07.01.2025 ham To
1. The District Munsif cum Judicial Magistrate, Kurinjipadi.
2. The Inspector of Police, Vadalur Police Station, Cuddalore District.
3. The Superintendent, Central Prison, Cuddalore.
4. The Public Prosecutor, High Court of Madras.
5. The Inspector of Police, R4, Soundarapandianar Police Station, Chennai.
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