Jaswanth v. State Represented By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Jaswanth ... Petitioner Vs.
The State represented by, The Inspector of Police, T-14 Pallikaranai Police Station ( T-22 Medavakkam Police Station), Tambaram Police District.
(Crime No.76 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.76 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.S.Ganeshkumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 15.02.2025, seeking bail in Crime No.76 of 2025 registered for the offence under Sections 194(3)(1) of BNSS @ 108 of BNS [ 174(3) of Cr.P.C and 306 of IPC]. 1/6
2. The case of the prosecution is that the petitioner is the husband of the deceased; that they both got married on 01.05.2023; they have no children out of wedlock and that on 08.02.2025, the victim had committed suicide by hanging. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner had not committed any positive act to abet the commission of suicide . He further submitted that, due to matrimonial differences, deceased had committed suicide and in any case, the petitioner is in custody from 15.02.2025 and further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and produced the copy of the suicide note said to have been left by the deceased.
5. The reading of the suicide note suggests that there were matrimonial differences between the petitioner and that the deceased was frustrated with the conduct of the petitioner in treating her.
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6. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
7. Considering, the contents of the suicide note; period of incarceration; and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.
8. Accordingly, the petitioner is ordered to be released on bail on their 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 Additional Mahila Court ( Magisterial Level) at Alandur 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 Vellore and report before the Inspector of Police, Vellore Town Police Station, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;
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[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 B.N.S.
04.03.2025 Sma To
1. Additional Mahila Court ( Magisterial Level), 4/6
Alandur.
2. The Inspector of Police, T-14 Pallikaranai Police Station ( T-22 Medavakkam Police Station), Tambaram Police District.
3. The Superintendent, Sub Jail, Saidapet.
4. The Public Prosecutor, High Court of Madras.
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SUNDER MOHAN., J.
Sma 04.03.2025 6/6