J.Opilamani v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.12565, 12577 and 12598 of 2021 J.Opilamani ... Petitioner (Crl.OP.No.12565 of 2021) J.Yaswanth ... Petitioner (Crl.OP.No.12577 of 2021) K.Jegatheesan ... Petitioner (Crl.OP.No.12598 of 2021) Vs.

The State ... Respondent (in all Crl.OPs) Rep by The Inspector of Police, V-6, Kolathur Police Station, Anna Nagar, Chennai-600 099.

(Crime No.563 of 2021) COMMON PRAYER: Criminal Original petitions have been filed under Section 438 of Cr.P.C prayed to enlarge the petitioners on bail in the event of their arrest in Crime No.563 of 2021 on the file of the Inspector of Police, V-6, Kolathur Police Station, Anna Nagar, Chennai-600 099..

For Petitioners : M/s.Nathan and Associates (in all Crl.OPs) For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) (in all Crl.OPs) COMMON ORDER The petitioners in all Crl.OPs, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 174 of Cr.P.C and subsequently altered into Section 306 of IPC in Crime No.563 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners are the in laws of Saranya, the sister of the deceased Manjula. The deceased came to her sister's in law's house stating that she wants to take some articles from her sister's room and entered into the house and committed suicide by hanging. Since the suicide was committed in their house, a case came to be registered against them.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the petitioners are only in-laws of the sister of the deceased and they are ere no way connected with the alleged occurrence. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submits that the deceased had committed suicide at the petitioners home. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case and there was no serious allegations made against these petitioners and they are only in-laws of the sister of the deceased, this Court is inclined to grant anticipatory bail to the petitioners. 6.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 of receipt of a copy of this order, before the learned XIII Metropolitan Magistrate, Egmore on condition that each of the petitioners shall execute a separate bond for a sum of Rs.

10,000/- (Rupees Ten Thousand Only) each, 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 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 Court concerned 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 daily at 10.30 a.

(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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 22/07/2021 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 METROPOLITAN MAGISTRATE, NO.XIII, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, V-6, KOLATHUR POLICE STATION, ANNA NAGAR, CHENNAI-600 099.

+3 CC to M/S.NATHAN AND ASSOCIATES Advocate on payment of necessary charges SR.NOS.7645, 7646, 7647 CRL OP.12565, 12577 & 12598/2021 Date :22/07/2021 TA-29/07/2021