Selvaraj v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.2959 of 2021
1. Selvaraj .. Petitioners
2. K.S.Vanaja
3. S.Dhanalakshmi
4. S.Janaki
5. S.Ragavan
6. Maidhili Vs.
State represented by .. Respondent Inspector of Police, Thiruvallur Town Police Station, Thiruvallur District.
(Crime No.3040 of 2020) Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.3040 of 2020 pending trial on the file of the respondent.
For Petitioners : Mr.N.Sudharsan For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioners apprehending arrest at the hands of the respondent police for the alleged offence under Sections 174 Cr.P.C. @ 306 I.P.C. in Crime No.3040 of 2020 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the deceased in this case is the wife of A1 and due to some family dispute, the deceased is stated to have committed suicide by hanging. The petitioners herein are the in-laws of the deceased. Hence, the respondent police registered a case against the petitioners.
3. The learned counsel appearing for the petitioners submitted that the petitioners did not indulged in any offence. He further stated that the main accused was granted anticipatory bail. The petitioners herein are only the in-laws of the deceased. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners were involved in abeting the suicide of defacto complainant daughter. He further submitted that A1 was already released on anticipatory bail by this Court in Crl.O.P.No.18736 of 2020 dated 18.12.2020.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions :
(a) 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-II, Thiruvallur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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: (b) 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. (c) The petitioners shall appear before the respondent police as and when required for interrogation.
(d) The petitioners shall not tamper with evidence or witness either during investigation or trial.
(e) The petitioners 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (g) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 19/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE II, THIRUVALLUR.
2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, THIRUVALLUR TOWN POLICE STATION, THIRUVALLUR DISTRICT.(CR.NO.3040/2020) CC to M/S.N.SUDHARSAN Advocate on payment of necessary charges CRL OP.2959/2021 Date :19/02/2021 EP-04/03/2021