Renuka v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offence punishable under Sections 174 Cr.P.C @ 306 of I.P.C in Crime No.529 of 2023, seek anticipatory bail.

2. The case of the prosecution is that the wife of the deceased namely Sumathi filed a complaint before the respondent police stating 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 and others were reason for his death. Hence, the complaint.

3. The learned counsel appearing for the petitioners submit that petitioners are relatives of the deceased and they are no way connected with the suicide. He would also submit that they are innocent persons and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submit other accused in this case were enlarged on bail. He would submit that investigation is almost completed but RDO report is not yet filed. Hence, he opposed for grant of anticipatory bail to the petitioners.

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 age of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court No.II, Walajapet 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 are directed to report before the respondent police 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];

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