D.Shankar v. State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21060 of 2021 1.D.Shankar
...Petitioners
2.D.Sathiyamoorthy 3.D.Ponni Vs.
The State rep by its
...Respondent
The Inspector of Police, B-3, Kanchi Taluk Police Station Kancheepuram District.
(Crime No.1539 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pending investigation in Crime No.1539 of 2021 on the file of the respondent Police.
For petitioner : Mr.G.Punniakoti For Respondent : Mr.N.S.Suganthan Government Advocate
ORDER
(The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 04.10.2021 for the offence under Section 174 Cr.P.C. @ into Sections 306 and 498 (A) of IPC, in Crime No.1539 of 2021, on the file of the respondent police seek bail.
2. The case of the prosecution is that the 1st petitioner is the husband, the 2nd petitioner is the brother-in-law and the 3rd petitioner is the mother-in-law of the deceased. The petitioners used to ill-treat the deceased in an unbearable manner due to which, the deceased committed suicide by hanging. Hence, the complaint.
3. The learned Counsel for the petitioner submitted that the marriage between the 1st petitioner and the deceased is a love marriage and they have two children aged 6 and 5 years and that there was no complaint against the petitioners for the past 8 years. He would further submit that the petitioners have been falsely
implicated in this case and they have been suffering incarceration for about 50 days from 04.10.2021. Hence, he seeks for grant of bail to the petitioners.
4. The learned Government Advocate raised objection stating that due to the harassment made by the petitioners, the deceased committed suicide and now the children are under the custody of the maternal parents and that the investigation is pending.
5. Taking into account of the nature of allegation and the fact that the investigation has not been completed, this Court is not inclined to grant bail to the 1st and 2nd petitioners. Accordingly, this petition is dismissed insofar as the 1st and 2nd petitioners are concerned.
6. However, since the 3rd petitioner is a women and considering the age of the 3rd petitioner and also the period of incarceration undergone by her, this Court is inclined to grant bail to the 3rd petitioner with certain conditions.
7. Accordingly, the 3rd 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-II, Kancheepuram, 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 3rd petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.
(c)the 3rd petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the 3rd petitioner shall not abscond 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 3rd petitioner in accordance with law as if the conditions have been imposed and the 3rd 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 23/11/2021 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, KANCHEEPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, B-3, KANCHI TALUK POLICE STATION, KANCHEEPURAM DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, VELLORE.
6 THE OFFICER INCHARGE SUB JAIL, KANCHEEPURAM.
+1 CC to M/S. G.PUNNIAKOTI Advocate on payment of necessary charges SR.NO.13267 CRL OP.21060/2021 Date :23/11/2021 TA-24/11/2021