Chandra Bose v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.02.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.1520 of 2021
1. Chandra Bose
2. Veeraprathap Singh ... Petitioners Vs.
The State Rep. by The Inspector of Police, Pallipattu Police Station, Pallipattu, Tiruvallur District.
(Crime No. 1707 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in Crime No.1707 of 2020 pending investigation on the file of the Respondent. For Petitioner : Mr. M.V.Deenadhayalan For Respondent : Mr.M. Prabhavathi, APP
O R D E R
(The case has been heard through video conference) Petitioners, who were arrested and remanded to judicial custody on 16.12.2020 for the offence punishable under Section 306 IPC in Crime No.1707 of 2020, seeks bail.
2. The case of the prosecution is that marriage between the first petitioner and the deceased took place in the year 2019. The allegation against the petitioners is that due to some dispute between them in respect of birth of child, the petitioners and their family members said to have harassed the deceased and hence, she committed suicide by hanging. Hence, a case has been registered against the petitioners.
3. The learned counsel for the petitioner would submit that the petitioners have been falsely implicated in this case and there is no allegation of demand of dowry. Hence, he seeks bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners harassed the deceased by demanding dowry and hence, she committed suicide by hanging. She would further submit that investigation in this case has also been completed. Hence, she opposed to grant bail to the petitioners.
5. Considering the said facts and circumstances of the case and also investigation has been completed and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions: (a) Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Pallipattu, and on further conditions that:
(b) 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; (c) the petitioners shall report before the respondent police as and when required for interrogation.
(d) the petitioners shall not commit any offences of similar nature;
(e) the petitioners shall not abscond either during investigation or trial;
(f) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial 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];
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 03/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, PALLIPATTU.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, PALLIPATTU POLICE STATION, PALLIPATTU, THIRUVALLUR DISTRICT.
CC to M/S.M.V.DEENADHAYALAN Advocate on payment of necessary charges CRL OP.1520/2021 Date :03/02/2021 cs 04/02/2021