T.Rajamanikkam v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12640 of 2022 1 T.RAJAMANIKKAM [ PETITIONERS / ACCUSED ] 2 R.PARAMESHVARI Vs STATE BY INSPECTOR OF POLICE [ RESPONDENT ] PALLADAM POLICE STATION, PALLADAM.

CRIME NO. 278 OF 2022.

For Petitioner : M/S.R.KARTHIK Advocate For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offences under Section 306 of I.P.C. in Crime No.278 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are the parents of A1/Ramesh. A1 had developed a relationship with one Ramya, who already got married to Vijayaraj on 06.03.2020. When the said illegal relationship was questioned by Ramya's parents and Vijayaraj, the petitioners had abused the said Ramya and also passed comments on her. Therefore, on 15.03.2022, the deceased Ramya had taken an extreme step of committing suicide by consuming poison. Thereafter, she took treatment in the hospital and finally she died on 21.03.2022 and on the same day, based on the complaint given by the defactocomplainant initially FIR was registered under Section 174 (3) of Cr.P.C. and subsequently it was altered to 306 of IPC. 3.

The learned counsel for the petitioner would submit that when A1, son of the petitioners', had come to know about the registration of the case against him, he had voluntarily surrendered before the Magistrate Court and that the petitioners were not aware about strained relationship between their son and deceased Ramya.

have been falsely implicated in this case. Hence, prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioners' son viz., Ramesh had developed an illicit relationship with the deceased Ramya and when the same has been questioned by Vijayaraj, the petitioners used abusive words, which lead to take such an extreme step of suicide by the deceased Ramya.

Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5.Taking into consideration the facts of the case and the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of their 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, Palladam, 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 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].

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

-sd/- 26/05/2022 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, PALLADAM 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION) 3 INSPECTOR OF POLICE PALLADAM POLICE STATION, PALLADAM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S.R.KARTHIK Advocate on payment of necessary charges SR.NO.7930 CRL OP.12640/2022 Date :26/05/2022 RVR 31/05/2022