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2020 Supreme(Mad) 1968
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. PRAKASH, J.
Rajkumar – Appellant
Versus
State Rep. by the Inspector of Police, Kanakkammachathiram and Another – Respondents
Crl. Appeal No. 354 of 2020
Decided On : 16-09-2020
Advocate Appeared:
For the Appellant : G. Punniakoti.
For the Respondents: P. Kritika Kamal, R. Sankarasubbu.
The court considered the circumstances of the case, including the cause of the victim's death and the appellant's incarceration, in deciding to grant bail.
Headnote:
SC/ST Act - Bail - The court allowed the appeal and ordered the release of the appellant on bail after considering the circumstances of the case, including the cause of the victim's death and the appellant's incarceration.
Fact of the Case:
The appellant was accused of refusing to marry a woman, leading to her suicide. The case was registered under Section 306 IPC r/w 3(1)(xii) of the SC/ST Act, and the appellant was remanded in judicial custody.
Finding of the Court:
The court found that the appellant's incarceration since 31.07.2020 and the circumstances of the case warranted granting bail. It noted that the victim's cause of death was self-immolation and that there was no evidence of physical relationship between the appellant and the victim.
Issues: The main issue was whether the appellant should be granted bail in a case involving allegations of refusal to marry, leading to the victim's suicide.
Ratio Decidendi: The court's decision was influenced by the cause of the victim's death, the absence of evidence of physical relationship, and the appellant's period of incarceration.
Final Decision: The court allowed the appeal, set aside the previous order, and ordered the release of the appellant on bail with specific conditions.
JUDGMENT :
P.N. PRAKASH, J.
Prayer: Criminal Appeal filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity “the SC/ST Act”) to set aside the order dated 25.08.2020 passed in O.L.B.P. No. 1495 of 2020 on the file of the Principal District and Sessions Court, Thiruvallur and to enlarge the appellant on bail in Crime No. 1074 of 2020 on the file of the first respondent.
1. This case is taken up through video conferencing.
2. This criminal appeal is filed to set aside the order dated 25.08.2020 passed in O.L.B.P. No. 1495 of 2020 on the file of the Principal District and Sessions Court, Thiruvallur and to enlarge the appellant on bail in Crime No. 1074 of 2020 on the file of the first respondent.
3. On the complaint lodged by Mani, second respondent herein, that his daughter Manimegalai (aged about 24 years) was in love with the appellant for two years, but, when she approached him on 11.06.2020 to marry her, he refused her on the ground that she was a Dalit and was financially poor and so, she committed suicide on 13.06.2020 by self-immolation.
4. On these allegations, a case in Crime No. 1074 of 2020 was registered on 13.06.2020 under Section 174 Cr.P.C. later, which was altered to one under Section 306 IPC r/w 3(1)(xii) of the SC/ST Act. The appellant was remanded in judicial custody on 31.07.2020.
5. The appellant filed O.L.B.P. No. 1495 of 2020 in Crime No. 1074 of 2020 before the Principal District and Sessions Court, Thiruvallur, for bail, which was dismissed on 25.08.2020, aggrieved by which, the appellant has preferred the present appeal seeking bail.
6. Heard Mr. G. Punniakoti, learned counsel for the appellant, Mrs. P. Kritika Kamal, learned Government Advocate (Crl. Side) for the first respondent/State and Mr. R. Sankarasubbu, learned for the second respondent/de facto complainant.
7. Mr. G. Punniakoti, learned counsel for the appellant submitted that the appellant had nothing to do with the suicide of Manimegalai and he had been arrested by the police on false allegations.
8. Per contra, Mr. R. Sankarasubbu, learned for the second respondent/de facto complainant submitted that this is a case of honour killing and the appellant should not be shown any indulgence.
9. Mrs. P. Kritika Kamal, learned Government Advocate (Crl. Side) appearing for the first respondent/State submitted that the postmortem showed that Manimegalai had died due to burn injuries. She also submitted a copy of the postmortem report in a sealed cover. This Court carefully perused the postmortem report and found that Manimegalai has suffered 90% burns.
10. Even according to the second respondent/de facto complainant, his daughter Manimegalai had gone to Kosasthalai rivulet taking kerosene from her house and had committed self-immolation.
11. It is not the case of the prosecution that the appellant had physical relationship with Manimegalai.
12. In view of the above and taking into consideration the fact that the appellant is in incarceration from 31.07.2020, this Court is of the view that interests of justice will be served if bail is granted to the appellant.
13. Accordingly, the present appeal is allowed by setting aside the order dated 25.08.2020 passed in O.L.B.P. No. 1495 of 2020 on the file of the Principal District and Sessions Court, Thiruvallur and the appellant is ordered to be released on bail on the following conditions:
(i) the appellant shall execute a bond for a sum of Rs. 10,000/- with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Principal District and Sessions Court, Thiruvallur.
(ii) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court, may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
(iii) the appellant shall report before the respondent/police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required.
(iv) on breach o
