S.N.Neelakanadan v. The State Rep.By

Crl.O.P.No.5878 of 2024 T.V.THAMILSELVI, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 174 Cr.P.c @ 306 IPC in Crime No.529 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the wife of the deceased/Sumathi filed a complaint before the respondent police stateing that her husband had hanged himself due to financial debt. Subsequently, she informed the respondent police that in his suicide note he stated that the petitioners are reasons for his death.

3. Heard both sides.

4. Considering the above fact and circumstances of the case, the defacto complainant's husband committed suicide and in his suicide it is stated that the petitioners are reason for his death. On seeing the facts of the case both are relatives and there is no possibility for tampering the wintness and the investigation is almost completed. Hence, this Court

is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. 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 No. II, Walajapet, on condition that the petitioner 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 on

every Saturday at 10.30 a.m. for a period of three months and thereafter, as and when required for interrogation.

[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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

02.04.2024 pbl

T.V.THAMILSELVI, J.

pbl Crl.O.P.No.5878 of 2024

02.04.2024