R.Saradha v. State Rep.By
C.V.KARTHIKEYAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 174(iii) of Cr.P.C altered to 306 of IPC in Crime No.546 of 2023, seek anticipatory bail.
2. The petitioners herein are mother and father of A1 who is the husband of the deceased. A1 had been remanded to custody on 11.09.2023 and granted bail on 20.10.2023. It had been stated that A1 married the deceased on 15.02.2019 and due to the said wedlock one child was born to them. Thereafter, there were disputes in the matrimonial life. Finally the daughter-in-law ocommitted suicide on 08.09.2023. The present application has been filed by both the petitioners stating that they are taking care of the child. They have also filed an affidavit that they are ready to pay a sum of Rs.5,00,000/- ( Rupees Five Lakhs Only) for the welfare of the child by name V. Abhyanth Rudhradev
3. Taking into consideration the facts of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
4. Taking all the other factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners, directing the petitioner to deposit an amount of Rs.5,00,000/- to the credit of Crime No.546 of 2023 before the learned District Munsif cum Judicial Magistrate at Pallavaram.
5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate at Pallavaram on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on
further condition that:
[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the first petitioner shall report before the respondent police on every saturday at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation. The second petitioner shall report before the respondent police everyday at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation.
[c] The petitioners are directed to deposit an amount of Rs.5,00,000/- to the credit of Crime No.546 of 2023 before the learned District Munsif cum Judicial Magistrate at Pallavaram. On such deposit being made the Judicial Magistrate may transfer the amount to a fixed deposit account in the name of the child in any of the nationalized bank, till the child attains majority and thereafter it may be used for the welfare of the child. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners 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 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 229A IPC.
23.02.2024 smn
C.V.KARTHIKEYAN, J.
smn 23.02.2024