Ponnuthai v. State By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN
1. PONNUTHAI W/o.Moorthy, No.5, G.K.Moopanar 2nd Cross Street, New Perungalathur, Srinivasa Nagar, Peerkkankaranai, Kancheepuram District
2. USHA W/o.Chandrasekaran, No.14/11, Tholkappiyar 1st Street, Srinivasa Nagar, Peerkkankaranai, Kancheepuram District 3.Amul Mary W/o.Dillibabu, No.3/34, YMCA Kuppam 1st Street, Tondiarpet, Chennai Petitioner(s) Vs
1. State By Inspector Of Police, Peerkkankaranai Police Station, Tambaram, Chennai. (crime No.140 Of 2025) Respondent(s)
PRAYER To enlarge the petitioners on bail in the event of their arrest by the Respondent Police concerned in Crime No.140 of 2025 on the file of Inspector of Police, Peekkankaranai Police Station, Tambaram, Chennai, on their appearance before the concerned court.
For Petitioner(s):
Mr. Elavarasan M R For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 107 of BNS, 2023 in Crime No. 140 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that, the son of the defacto complainant was studying 9 th Std in the Government School; that on 27.02.2025 at about 10.00 am, one Karthikeyan called the defacto complainant to come to school but she did not go there; that at about 9.00 pm when the defacto complainant returned home, she was shocked to see that her son was found hanging and had also left a suicide note. Hence, the case.
3. Learned counsel for the petitioners submitted that the petitioners are the Headmistress, AHM and the Teacher in the School, where the victim was studying; that they had called the victim and advised, since the children in the school were fighting with each other; and that the allegation is that, they had abeted commission of suicide of the victim.
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 also produced the suicide letter of the victim.
5. On perusal of the suicide letter, it is seen that the victim had stated that none was responsible for his suicide. The only allegation against the petitioners is that they scolded and had taken action against him since he was involved in a scuffle with other school students.
6. Considering the aforesaid facts, the nature of allegation, the relationship between petitioners and the victim and since custodial interrogation of the petitioners is not required for the purpose of investigation, this 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 No.I, Tambaram, 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 every Saturday and Sunday at 10.30 am until further orders. [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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.
10-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes
SUNDER MOHAN, J.
AT To 1.State By Inspector Of Police, Peerkkankaranai Police Station, Tambaram, Chennai. (crime No.140 Of 2025) Crl.O.P. No. 6714 of 2025