Sudalai vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 13.10.2025 for the offences punishable under Sections 174 of Cr.P.C @ 306 of IPC (Section 194 BNS @ 108 BNS), in Crime No.46 of 2019 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner/A1 is the husband of the defacto complainant's daughter. A2 is the mother of A1. Since the petitioner was working in paramilitary force, after marriage, he went back to his work. At that time, A2 harassed the defacto complainant's daughter and later A1 also scolded her and he did not attend her phone call. Hence, the defacto complainant's daughter has committed suicide at her relatives house. Hence the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that because of this case, the petitioner was removed from service and he is in judicial custody from 13.10.2025. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that this is a matrimonial dispute and the petitioner is not having any previous case and investigation is yet to be completed. However, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and considering the nature of offence and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Principal Sessions Judge, Thoothukudi, Thoothukudi District, and on further conditions that :-

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m, for a period of four weeks and thereafter as and when required;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or 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 is 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.