Santhala v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twentieth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12073 of 2022 1 SANTHALA [ PETITIONERS/ ACCUSED ] 2 LAKSHMI Vs THE STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, UDDANAPALLI POLICE STATION, KRISHNAGIRI DISTRICT.

(CR.NO.285 OF 2020) For Petitioner : M/S.S.SATHYARAJ Advocate For Respondent : MR.A.DAMODARAN, 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 offences punishable under Section 174(3) of Cr.P.C. subsequently altered to Section 306 of IPC in Crime No.285 of 2020, seek anticipatory bail.

2. The case of the prosecution is that the petitioners instigated the deceased to commit suicide. On 13.06.2020, she committed suicide by hanging herself in the matrimonial house. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that earlier F.I.R. was registered under Section 174(3) of Cr.P.C. and on receipt of the report from the RDO, the case has been altered into Section 306 of IPC. The petitioners had instigated the deceased to commit suicide. Hence, they are arrayed as A1 and A2.

5. It is seen from the F.I.R., it was registered under Section 174(3) of Cr.P.C. After the period of two years, on receipt of the report from the RDO and suicidal note, the case has been altered to the offence under Section 306 of IPC, in which the petitioners are arrayed as A1 and A2 and they are sister-in-law and mother-in-law of the deceased. The learned Additional Public Prosecutor produced the suicidal note which was written in Kannada language and translated in Tamil, revealed that there are vague and bald allegation and no specific allegation as against the petitioners that they are the reason for her suicide. The husband of the deceased is not an accused and they were living separately and happily. Admittedly, the petitioners are living separately and not in the deceased house. That apart, the crime is of the year 2020. As such, the custodial interrogation of the petitioners do not require in this case.

6. Considering the above facts and circumstances of the case, 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 Court No.2, Hosur on condition that each of 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 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 themselves 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.

-sd/- 20/05/2022 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.2, HOSUR.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, UDDANAPALLI POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.S.SATHYARAJ Advocate on payment of necessary charges SR.No.7717 CRL OP.12073/2022 Date :20/05/2022 CSK 24/05/2022