K.Muthukumar v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL K. Muthukumar
...Petitioner
Vs.
State by The Inspector of Police Annadhanapatty Police Station Annadhanapatty, Salem City Salem (Crime No.193/2024)
...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in Crime No.193 of 2024 on the file of respondent police. For Petitioner : Mr.C. Prakasam For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side) ***** 1/6
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 03.10.2024 for the offences under Sections 174(3) altered into 304(b) of I.P.C in Crime No.193 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the deceased married the brother of the petitioner in the year 2020 and there was dowry harassment in the matrimonial house, due to which the deceased was living in the parents house. Whileso, on 22.03.2024 the deceased committed suicide. Hence, the respondent police has registered a case against the petitioner.
3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He would further submit that the petitioner is arrested and is in judicial custody 2/6
from 03.10.2024 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.
4. Learned Government Advocate (Crl.Side) opposes the grant of bail to the petitioner by stating that due to the dowry harassment made by the petitioner's family the deceased committed suicide. He further submitted that there is no previous case pending against the petitioner.
5. Heard both sides and perused the materials available on record and the suicide note.
6. Considering the submission of the learned counsel on either side, nature of offence, the relationship between the deceased and the petitioner, even as per the suicide note there are only general allegations against the petitioner, there is no previous case pending against the petitioner, considering the period of incarceration undergone by the petitioner and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions. 3/6
7. Accordingly, the petitioner is ordered to be released on bail on his 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 IV, Salem and on further conditions that: [a] the petitioner shall report before the respondent police everyday at 10.30 a.m until further orders. [b] the petitioner shall attend in accordance with the conditions of the bond;
[c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected; [d] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
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[e] the Petitioner shall not abscond either during investigation or trial;
[f] On breach of any of the aforesaid conditions, the learned Judicial 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
29.10.2024 smn To 1.The Judicial Magistrate IV, Salem 2.The Superintendent, Central Jail, Salem, Salem District.
3. The Inspector of Police Annadhanapatty Police Station Annadhanapatty, Salem City,Salem 4.The Public Prosecutor, High Court of Madras.
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P.DHANABAL, J.
smn 29.10.2024 1/2 6/6