Santhi @ Rasamani v. The State Rep.By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Section 174(3) Cr.P.C now altered to Section 306 of IPC of IPC in Cr.No.708 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner herein is a motherin-law of one Soumiya. The said Soumiya is the younger daughter of the defacto complainant. The marriage between Soumiya and the petitioner's son took place on 06.03.2022. Though initially there were some disputes both of them had been living together however, on 24.11.2022 the defacto complainant was informed by his son-in-law's friend that Soumiya had committed suicide. However, on 28.11.2022 Soumiya's husband also committed suicide. Hence the complaint.

3.The learned counsel appearing for the petitioner is old lady aged about 52 years. He would submit that though the complaint was lodged 1/4

alleging that she and her son are responsible for the death of her daughterin-law. The petitioner has also lost her son. She would also submit that on the fateful day when her daughter-in-law committed suicide she was not to staying in a house and she was no way responsible for the suicide of her daughter-in-law and hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) would submit that both husband and wife had committed suicide within four to five days time and hence the compliant is being investigated into. Hence, he opposed to grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances, the petitioner is a senior citizen, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial 2/4

Magistrate No-II, Tiruppur condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties out of which one surety must be a blood related surety 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 petitioner 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 petitioner shall report before the respondent police as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; (f)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 bail by the learned Magistrate/Trial Court 3/4

T.V.THAMILSELVI, J.

vsn himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

25.01.2023 vsn 25.01.2023 4/4