Mani v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN 1.Mani 2.P.Natesan 3.Sumathi ... Petitioners/A2 to A4 Vs.
The State Rep by Inspector of Police Perambalur Police Station Perambalur District (Crime No.1484 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the Petitioners on bail in the event of arrest in Crime No.1484 of 2020, on the file of the respondent Police.
For Petitioners : Mr.M.Mariappan For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)
O R D E R
The Petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 174 CRPC alter into 498(A), 306 of IPC in Crime No.1484 of 2020, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that, the de facto complainant's daughter and the first accused had love affair, that thereafter without informing the de facto complainant's daughter the first accused had gone to London, that the de facto complainant's daughter consumed sleeping tablets and committed 1/5
suicide. Initially, the case was registered under Section 174 of CRPC and subsequently, it was altered to 498(A), 306 of IPC. 3.The learned counsel appearing for the Petitioners submitted that the Petitioners are innocent; that they are parents and sister of the first accused; that they had nothing to do with the differences between the first accused and the de facto complainant's daughter; that the first accused had not married the de facto complainant and hence, Section 498A of IPC would not be made out; that in any case, the petitioners had not committed any act towards commission of suicide by the de facto complainant's daughter. 4.Learned Government Advocate (Crl.
Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the Petitioners, reiterated the prosecution case and on instructions submitted that the alleged occurrence took place in the year 2020. 5.Admittedly, the first accused and the de facto complainant's daughter had a consensual relationship, The petitioners are the parents and the sister of the first accused. Except for the allegation that they prevented the first accused from marrying the de facto complainant's daughter, there is nothing to suggest abetment of suicide by them.
6.Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, and since, custodial interrogation is not required for the purpose of investigation, this 2/5
Court is inclined to grant anticipatory bail to the Petitioners with certain conditions.
7.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 on which the order copy made ready, before the learned Judicial Magistrate I, Peramabalur, 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the Petitioners shall report before the respondent police as and when required.
[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 3/5
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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
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SUNDER MOHAN, J.
sai To 1.The Judicial Magistrate I, Peramabalur 2.The Inspector of Police Perambalur Police Station Perambalur District 3.The Public Prosecutor, High Court of Madras.
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