G.Ayyanar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.6882 of 2021 1 G.AYYANAR [ PETITIONERS / ACCUSED ] 2 VANITHA Vs THE INSPECTOR OF POLICE [ RESPONDENT ] MAGUDANCHAVADI POLICE STATION, SALEM.
CR.NO.107 OF 2021 For Petitioner : M/S.C.D.SUGUMAR Advocate For Respondent : MR. K.PRABAKAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 498A and 306 of IPC in Cr.No.107 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the first accused is the brother of the first petitioner herein. The first accused and the deceased are husband and wife. A1 used to pick up quarrel with his wife for suspecting her character and fidelity. Due to which, on 22.02.2021 the wife of A1 poured kerosene and set fire on her. She died on 25.02.2021 at hospital. Hence, the present complaint was registered against the A1 and his family members. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and On that day, there was a family dispute between the deceased Bharathi and her husband. Due to which, she committed suicide. The petitioners are no way connected in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that all the accused persons joined together and allowed A1 to harass the defacto complainant. The investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also in the interest of the child, this court is inclined to grant anticipatory bail to the petitioners.
6.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, Sankari, Salem, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 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 Court concerned 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 daily at 10.30 a.m. for a period of two weeks 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 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 09/04/2021 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, NO.II, SANKARI, SALEM 2 THE CHIEF JUDICIAL MAGISTRATE SALEM(FOR INFORMATION) 3 THE INSPECTOR OF POLICE MAGUDANCHAVADI POLICE STATION, SALEM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.C.D.SUGUMAR Advocate on payment of necessary charges Sr.4704 CRL OP.6882/2021 Date :09/04/2021 RVR 28/04/2021