Jayaraman v. The State Rep By Its,

Crl.O.P.No.1908 of 2023 T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Sections 174 of Cr.P.C altered into 147, 294(b), 323 and 506(ii) and 306 of I.P.C in Crime No.226 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was a money dispute between the father of the defacto complainant and the petitioner. The further case of the prosecution is that the petitioner mixed poison in the beverage consumed by the deceased, due to which the deceased died. Hence the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He further submits that investigating almost completed. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner mixed poison in the beverage

consumed by the deceased, due to which the deceased died. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the fact that the investigation almost completed, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on anticipatory 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 Magistrate, Thittagudi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties (out of which one must be a blood related surety) 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 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 on alternative days for a period of 3 months and appear before the trial Court on all hearing dates.

(c)the petitioner shall not tamper with 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 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.

31.01.2023 smn

T.V.THAMILSELVI, J.

smn Crl.O.P.No.1908 of 2023 31.01.2023