Parnisha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Parnisha ... Petitioner Vs.

The State represented by, The Inspector of Police, Krishnagiri Town Police Station.

(Crime No.243 of 2023).

... Respondent PRAYER : Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.243 of 2023, pending investigation on the file of the respondent Police.

For Petitioner : Mr.R.Thirumoorthy For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 29.05.2023, in connection with Crime No.243 of 2023, registered under Section 174 Cr.P.C and later, altered for the alleged offences punishable under Section 306 of IPC, on the file of the respondent Police, seeks bail.

2. The case of the prosecution as per the de-facto complainant Madhaiyan is that his brother, who was working as a Junior Bailiff in Krishnagiri Court, was given in marriage to one Parnisha/petitioner herein and out of their wedlock, they have got three children. After their marriage, there were frequent quarrels between them and being depressed by the same, his brother had committed suicide by hanging. Based on the complaint given by the de-facto complainant, a case in Crime No.243 of 2023 came to be registered under Section 174 of Cr.P.C. Later, during the course of investigation, it came to light that since the deceased/victim had questioned his wife/petitioner herein about her illicit relationship with A1, she had abetted the victim to commit suicide. Thereby, the case has been altered to one under Section 306 of IPC. Hence the case. 2/6

3. Learned counsel appearing for the petitioner submitted that the petitioner (A2) is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner is none other than the wife of the deceased/victim and there is no intention or motive on the part of the petitioner to abet the victim to commit suicide. He also submitted that the defacto complainant, being antagonised over the petitioner had given a false complaint against the petitioner. He further submitted that the petitioner is in custody from 29.05.2023, therefore, there is no one to take care of her children. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner (A2), who is the wife of the deceased/victim, had an illegal affair with A1 and when it came to the knowledge of the deceased/victim, he questioned the petitioner, due to which, she had humiliated and abetted him to commit suicide. He also submitted that the investigation in this case is still pending, hence, he opposed for grant of bail to the petitioner.

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5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either sides, taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on her executing a 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.I, Hosur, 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 Kanchipuram and report before the Inspector of Police, Kanchipuram Town Police Station, everyday at 4/6

10.30a.m., until further orders;

[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 abscond, a fresh FIR can be registered under Section 229A IPC.

28.06.2023 To

1. The Judicial Magistrate No.I, Hosur.

2. The Inspector of Police, Krishnagiri Town Police Station.

3. The Sub Jail, Hosur.

4. The Public Prosecutor, High Court of Madras.

5. The Inspector of Police, Kanchipuram Town Police Station, Kanchipuram.

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A.D.JAGADISH CHANDIRA.,J.

ham 28.06.2023 6/6