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MADRAS HIGH COURT
Honourable Mr Justice K.MURALI SHANKAR
Muthuraja – Appellant
Versus
The Inspector – Respondent
CRL OP(MD)/19965/2021
BAIL - SECTION 306 IPC - SUICIDE - [The petitioner, accused of abetting the suicide of his wife, was granted bail after spending over a month in judicial custody, considering the completion of investigation, absence of bad antecedents, and subject to strict conditions including daily reporting to the police and not tampering with evidence or witnesses.]
Fact of the Case:
The petitioner was arrested and remanded to judicial custody for allegedly abetting the suicide of his wife. The prosecution alleged that the petitioner's neglect and failure to maintain his wife and child led her to commit suicide. The petitioner denied the allegations and claimed to be falsely implicated.
Finding of the Court:
The court noted that the petitioner had been in judicial custody for over a month, that the investigation was likely complete, and that the petitioner had no prior criminal record. The court also considered the fact that the Revenue Divisional Officer had concluded that dowry harassment was not the reason for the wife's death.
Issues: Whether the petitioner should be granted bail in the case of abetting suicide under Section 306 of the Indian Penal Code.
Ratio Decidendi: The court held that the petitioner was entitled to bail considering the time spent in custody, the completion of investigation, and the absence of bad antecedents, subject to strict conditions to ensure his presence at trial and prevent interference with the case.
Final Decision: The court granted bail to the petitioner on a bond of Rs. 25,000/- with two sureties, subject to conditions including daily reporting to the police, not tampering with evidence or witnesses, and not absconding during trial.
CRL.OP(MD)No.19965 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.01.2022
PRESENT
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.OP(MD)No.19965 of 2021
Muthuraja
... Petitioner/Sole Accused
-vs-
State represented by
The Inspector of Police,
Kattanur Police Station,
Virudhunagar District.
Crime No.28 of 2021
... Respondent/Complainant
For Petitioner
: Mr.G.Kannan,
Advocate
For Respondent
: Mr.R.Meenakshi Sundaram,
Additional Public Prosecutor
PETITION FOR BAIL Under Sec.439 of Cr.P.C
PRAYER :-
For Bail in Crime No.28 of 2021 on the file of the Respondent
Police.
ORDER : The Court made the following order :-
The petitioner/ sole accused, who was arrested and remanded to
judicial custody on 13.11.2021 for the offence punishable under
Section174 Cr.P.C @ U/s.306 of IPC in Crime No.28 of 2021, on the
file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and the
deceased Mahadevi, fell in love with each other and got married and
due to the wedlock, they had a female child aged about one year,
that the petitioner went to Tiruppur for job purpose but he had not
returned back to the village, that the petitioner has not bothered
to maintain his wife and the child and that due to the said conduct
of the petitioner the victim had consumed poison and committed
sucide. Hence the complaint.
3.The learned counsel for the petitioner would submit that the
petitioner is an innocent person and he has been falsely implicated
in this case. He would further submit that the earlier bail
application was dismissed by this Court in Crl.O.P(MD) No.18928 of
2021, vide order dated 01.12.2021. The learned counsel for the
petitioner would further submit that the petitioner is in judicial
custody from 13.11.2021, hence, he seeks bail.
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https://hcservices.ecourts.gov.in/hcservices/
CRL.OP(MD)No.19965 of 2021
4. The learned Additional Public Prosecutor for the respondent
police would submit that due to the above said conduct and the
attitude of the petitioner, the victim had consumed poison and
committed suicide, that investigation is pending and that there is
no change in circumstances, since the dismissal of earlier bail
petition. The learned Additional Public Prosecutor would further
submit that the Revenue Divisional Officer, after enquiry has
concluded that dowry harassment was not the reason for the death of
Mahadevi and directed the police to investigate the death of the
said Mahadevi.
5.Considering the facts and circumstances and also the facts
that the petitioner is in judicial custody from 13.11.2021, that
the investigation might have been completed by this time and that
the petitioner is not having any bad antecedents as stated by the
learned Additional Public Prosecutor, this Court is inclined to
grant bail to the petitioner subject to the following conditions:
6.Accordingly, the petitioner is ordered to be released on bail
on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five
Thousand only) with two sureties each for a like sum to the
satisfaction of the learned Judicial Magistrate Court, Trichuli,
Virudhunagar District.
[a] the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the Magistrate/concerned court may
obtain a copy of their Aadhar card or Bank pass Book to ensure their
identity.
[b] the petitioner shall report before the respondent police
daily at 10.30 am. until further orders.
[c] the petitioner shall not tamper with evidence or witness.
[d] the petitioner shall not abscond during trial.
[e] On breach of any of the aforesaid conditions, the learned
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
le
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