Vasuki v. State Rep.By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence punishable under Section 174(3) of Cr.P.C and altered to 306 and 498 (A) of I.P.C in Crime No.23 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that petitioner is the mother-in-law of the defacto complainant's daughter. It is alleged in the FIR that there is a family dispute between defacto complainant's daughter, her husband and mother-in-law/petitioner herein, all of a sudden, on 29.01.2024, the petitioner's son one Prabakaran informed the defacto complainant that her daughter committed suicide by hanging. Hence, the complaint.

3. The learned counsel appearing for the petitioner submit that the petitioner is the mother-in-law of the deceased and there was no quarrel between her and the deceased. He would submit that she has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submit that A1/husband has been arrested and enlarged on bail. He would submit that the deceased has 7 months old baby and RDO enquiry has been completed. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel on either side and considering the fact that co-accused released on bail, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance before the learned Judicial Magistrate-I, Mannargudi on condition that the petitioner shall execute a 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, 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner is directed to report before the respondent police on every Saturday at 10.30 a.m., for a period of three months and thereafter, as and when required for interrogation;

[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 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];

T.V.THAMILSELVI, J.

nr [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

12.04.2024 nr Crl.O.P.No.

of 2024