Court's assessment of responsibility in suicide under SC/ST (POA) Act and conditions for bail.

COMMON ORDER

nd The appellants are accused in Crime No.4 of 2025 on the file of the 2 respondent Police Station, which was registerd for the offence under Sections 108 of BNS r/w Section 3(1) (r) of the SC/ST (POA) Act . They have moved bail applications before the I Additional District and Sessions Court (PCR), Thanjavur and they were dismissed by the trial Court.

Therefore, the appellants have filed these criminal appeals.

2.The learned counsel for the appellants submit that the appellant Muthukumar/A1 was arrested that he had love affair with the victim, but he refused to marry her by citing her caste and thus he had abetted the victim to committe sucide. Based on his confession statement, the appellant Nithun /A2 was arrested that he had love affair with the victim and had intimidated the victim to marry him and therefore, the victim girl committed suicide. There are two contradictory versions projected by the prosecution for the incident. However the deceased had left the suicide note, wherein she has stated that no one is responsible for her suicide. Further the prosecution has laid charge sheet as agianst these appellants. They are in jail from 27.01.2025.

3.The learned Government Advocate (Crl Side) submits that the appellants are the cause for suicide of the victim and after investigation charge sheet has been laid against them.

4. This court considered the rival submissions made and perused the materials placed on record.

https://www.mhc.tn.gov.in/judis

5.The case was originally registered under Section 194 of BNSS and thereafter it was altered into Section 108 of BNS r/w Section 3(1)(r) of the SC/ST (POA) Act . Considering the suicide note, the period of incarceration and the charge sheet is filed, this Court is inclined to set aside the orders passed by the trial Court. Accordingly, the appellants are ordered to be released on bail on the following conditions:-

i) The appellants shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned I Additional District and Sessions Judge, (PCR), Thanjavur.

ii) The appellants and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The appellants shall report before the respondent police daily @ 10.30 am.

iv) The appellants shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. They shall be available for the trial as well.

v) On violation of any of the above conditions by the appellants, the respondent police shall move an application for cancellation of bail.

6.In the result, these criminal appeals are allowed. The order dated 11.03.2025 passed in CrlMP No.156 of 2025 and order dated 19.03.2025 passed in CrlMPNo.228 of 2025 by the I Additional District and Sessions Court (PCR), Thanjavur are set aside.

04.04.2025 DSK To https://www.mhc.tn.gov.in/judis

1.The Deputy Superintendent of Police, Orathanadu Police Station, Orathanadu, Thanjavur District.

2.The Inspector of Police, Orathanadu Police Station, Orathanadu, Thanjavur District.

3. I Additional District and Sessions Judge (PCR), Thanjavur.

B.PUGALENDHI,J DSK CRL A(MD) Nos.355 and 413 of 2025

04.04.2025