P.Ambedkar v. The State Rep By Its
T.V.THAMILSELVI, J.
The petitioners, who apprehend arrest for the alleged offence under Section 174 Cr.P.C altered under Section 294(b) and 306 IPC in Cr.No.1199 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners have been implicated in this case as their son/A1 have promised to marry the deceased one Soniya and thereafter, refused to marry her. Thereby, the said Soniya, who is the daughter of the defacto complainant committed suicide. Hence, the case.
3.The learned counsel appearing for the petitioner submits that the petitioners are innocent persons and they have been falsely implicated in this case. He would submit that the petitioners are only the parents of A1 and they are no way connected with the alleged occurrence. Hence, he prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the defacto complainant lodged a complaint against the petitioners alleging that the petitioners' son/A1 have promised to marry the his daughter one Soniya and thereafter, refused to marry her. Thereby, the deceased committed suicide. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and that the petitioners are only the parents of A1, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tittakudi, Cuddalore District on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) 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 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 Court concerned 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 every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation. Insofar as the second petitioner is concerned, she shall appear before the respondent police as and when required for interrogation;
(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 petitioners released on anticipatory 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
12.01.2023 anu
T.V.THAMILSELVI, J.
anu 12.01.2023