M.P.JAYACHANDRAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 20/10/2022 for the offences punishable under Sec. 174(3) Cr.P.C @ 304-B of IPC, in Crime No.352 of 2022, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution as per the de-facto complainant Aakash is that his elder sister Hema Bindhu was given in marriage to his cousin Jayachandran (petitioner herein), who was working as Assistant Manager in Bank of India, on 16/11/2019 and her sister used to tell him that she was having a happy married life. While so on 17/3/2022, he was informed that his sister has committed suicide by hanging and based on the complaint given by the de-facto complainant, a case in Crime No.352 of 2022 was registered under Sec. 174(3) Cr.P.C and later, during the course of investigation, it came to light that the petitioner had demanded dowry and harassed her, due to which, she had committed suicide by hanging. Thereby, the case has been altered to one under Sec. 304-B of IPC. Hence the case.

(3.) Learned counsel appearing for the petitioner submitted that the petitioner is the son of the maternal uncle of the de-facto complainant. He further submitted that the due to the intervention of the family members, the marriage between the petitioner and the victim was performed and only after marriage, the petitioner came to know that the victim was forced for the marriage. He further submitted that even as per the complaint given by the de-facto complainant, he does not stated about the demand of dowry and whereas, he stated that the petitioner and the victim were living happily. He also stated that the petitioner is unaware of the reasons for which the victim had committed suicide. He also submitted that major part of the investigation is over and the RDO enquiry is also completed and it has revealed that the victim was depressed for the reason that she was unable to give birth to a child and the allegation is only as against the parents of the petitioner who have questioned the victim for not having a child and there is no allegation as against the petitioner, as if he had abetted the victim to commit suicide. He further stated that the petitioner is in custody from 20/10/2022 and he is ready to comply with any stringent conditions that may be imposed by this Court, hence, he prayed to grant bail to the petitioner.