Chennai, Jun 2 (ILNS) The Madras High Court has granted bail to a man accused under Section 306 IPC (Abetment of Suicide), while stating that suicidal note left by the deceased woman was without any signature and it appears that the deceased wanted to take the revenge. (P Manikandan Vs State Rep By the Inspector of Police)
A single-Judge Bench of Justice N Sathish Kumar yesterday gave this order on a bail plea filed by a man remanded to judicial custody in an FIR lodged for the offences under Sections 174 and 306 IPC. It was alleged by the prosecution that the accused was having an affair with the deceased, who had committed suicide by hanging herself inside her house.
The Counsel for the petitioner submitted that he is no way connected with the alleged offence and he has been falsely implicated in this case and has been in jail for more than 27 days.
Whereas the Counsel for the prosecution vehemently opposed the bail application and submitted that the investigation almost completed and the suicide note available was without signature.
The Court noted, “Having regard to the nature of allegations and considering the fact that the accused is in custody and substantial investigation is over and also considering the fact that suicidal note is without any signature of the deceased, it appears that the deceased wants to take revenge.”
It said, “This court is inclined to grant the bail to the petitioner subject to the following conditions:
(a) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of the Sub Jail, Rasipuram, in which the petitioner is confined and on such execution the petitioner shall be released from prison;
(b) (i) After the lockdown restrictions are raised and normal time is restored, the restrictions are totally raised, the petitioner shall execute a bond for Rs 10,000 with two sureties each for a like sum amount each to the satisfaction of the learned Judicial Magistrate Court, Kumarapalayam. The same shall be executed within a period of one month from the date the lockdown restrictions are raised.
(ii) If for any reason, the petitioner is not able to execute bond within the specified time, the petitioner shall approach this Court and file a petition seeking extension of time for the same.
(iii) While executing the bond, the sureties shall furnish proof of identity and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate shall 3/6 https://www.mhc.tn.gov.in/judis/ of 2021 obtain a copy of their Aadhar card or Voter ID or Driving licence or Bank pass Book to ensure their identity to the satisfaction of the learned Judicial Magistrate Court, Kumarapalayam.
(c) After the lockdown restrictions are raised, normal time is restored, the petitioner shall abide by the following conditions imposed by this Court. The petitioner shall not interfere, influence or cause hindrance to the pending investigation.
(d) the petitioner shall report before the respondent police daily at 10.30 am, until further orders.
(e) the petitioner shall not influence, threaten or coerce the evidence or witness either during investigation or trial;
(f)the petitioner shall not abscond either during investigation or trial;
(g)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 learned Magistrate/Trial Court himself as laid down 4/6 https://www.mhc.tn.gov.in/judis/ of 2021 by the Hon’ble Supreme Court in PK Shaji vs State of Kerala [(2005) AIR SCW 5560]; and;
(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. ILNS/MS/RJ