Gomathi v. Inspector Of Police

Crl.O.P.No.8257 of 2023 RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Section 174(iii) of Cr.P.C @ Section 306 of IPC, Section 5(I)(ii) r/w.Section 6 of POCSO Act and Section 9 of the Child Marriage Act in Crime No.27 of 2023 on the file of the Respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the Defacto Complainant's daughter aged 19 years was married to the first Accused. The first Accused had an illicit relationship with another woman and thus harrassed his wife and demanded dowry. As a result, she committed suicide on 16.03.2023. Hence the complaint.

3.The learned Counsel for the Petitioner would submit that the deceased and A1 were living separately and the Petitioner had no connected with them. He is an innocent person and there is no specific overtact against this Petitioner. Hence, the learned counsel for the Petitioner prays for grant of anticipatory bail to the Petitioner.

4.The learned Government Advocate (Crl. Side) for the Respondent would submit that A1 & A2 were already granted bail by the Court below. The present Petitioner is A3 and investigation is completed in this matter. He vehemently opposed to grant anticipatory bail to the Petitioner. 1/4

5.Heard both sides and perused the materials available on record. 6.Taking into consideration the facts and the submissions made by the learned counsel on either sides and the nature and gravity of the alleged offence and the fact that A1 & A2 were already arrested and released on bail by the Court below and draft charge sheet is also ready in this matter, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. 7.Accordingly, the Petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Palacode, Dharmapuri District on condition that the Petitioner shall execute a separate bond for a sum of Rs.

[b] the Petitioner shall report before the Respondent Police, everyday at 10.30 a.m., for a period of six weeks and thereafter as and when required;

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[c] the Petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the Petitioner 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 Petitioner 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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RMT.TEEKAA RAMAN, J.

sai Crl.O.P.No.8257 of 2023 Dated: 11.09.2023 4/4