D.Sampath Kumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.01.2021 CORAM :
THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.19641 of 2020 D.Sampath Kumar ... Petitioner Vs.
The State rep. by The Inspector of Police, Gudimangalam Police Station, Tiruppur District.
(Crime No.123 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No.123 of 2020 pending on the file of the respondent.
For Petitioner : Mr.D.R.Arun Kumar For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
O R D E R
(The case has been heard through video conference) Totally, there are two accused and the petitioner is arrayed as A1. He apprehends arrest at the hands of respondent police for the offence punishable under Sections 174(3) of Cr.P.C. and it was subsequently altered into Section 306 of I.P.C. in Crime No.123 of 2020 and now, he has filed the above petition seeking for anticipatory bail.
2. The case of the prosecution is that the marriage between the petitioner and the deceased took place during the year 2019 and they are living happily. However, on 27.03.2020, there is a small dispute between husband and wife, and the deceased committed suicide by hanging. Hence, based on the complaint filed by mother of deceased, the criminal case has been registered. In the said circumstances, the petitioner is seeking anticipatory bail.
3. The learned counsel appearing for petitioner would submit that absolutely, from the date of marriage, they are living happily and there is no allegation of dowry demand. He would submit that the deceased is having thyroid problem and thereafter, she has committed suicide by hanging. He would submit that the petitioner has only rescued the deceased and admitted her in the hospital, and therein, she died. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that the Revenue Divisional Officer enquiry is over and there is no allegation of dowry demand. However, the deceased is issue-less, both the petitioner and his mother said to have abused the deceased and scolded that she is incapable of pregnancy. Hence, due to frustration, she has committed suicide. Therefore, he opposed to grant bail to the petitioner.
5. I have heard and considered the submissions made by the learned counsel appearing for petitioner as well as Additional Public Prosecutor and perused the records.
6. Taking into consideration of the fact that there is no allegation of dowry demand and the occurrence took place due to a dispute between the husband and wife, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:
a) Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.2, Udumalpet, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, and on further condition that:
[b] 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; [c] the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioner shall not abscond either during investigation or trial;
[f] On breach of any of the aforesaid conditions, the learned 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 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
7. With the above directions, this Criminal Original Petition is ordered.
-sd/- 19/01/2021 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, NO.II, UDUMALPET 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, GUDIMANGALAM POLICE STATION, TIRUPPUR CC to M/S D.R.ARUN KUMAR Advocate on payment of necessary charges Sr.570 CRL OP.19641/2020 Date :19/01/2021 RVR 22/01/2021