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Madras High CourtCRL OP/13488/2024granted

Chakkaravarthi v. The State, Rep. By

2024-06-11Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.TAMIILSELVI, J., The petitioner, who apprehends arrest for the alleged offence under Section 306 IPC in Crime No.356 of 2024 on the file of the respondent police.

2. The case of the prosecution is that the son of the de-facto complainant namely, Radhakrishnan was compelled to marry a girl by name Devi and after their marriage, the son of the de-facto complainant committed suicide by hanging himself in the ceiling fan by leaving a suicide note. Hence the case.

3. The learned counsel appearing for the petitioner submitted that this is the second application for anticipatory bail filed by the petitioner before this Court and the earlier application was dismissed by this Court on 23.04.2024. He further submitted that the petitioner is the relative of Devi's mother and he has been falsely implicated in this case and that the petitioner is no way connected with the death of the deceased. He also submitted that the petitioner is ready to abide by any stringent conditions, that may be imposed by this Court.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting anticipatory bail to the petitioner stating that the petitioner is the relative of the deceased's motherin-law and due to matrimonial dispute between the deceased and his wife, the deceased committed suicide by hanging himself. He further submitted that co-accused in this case, were already arrested and subsequently, released on bail. However, he submitted that the investigation in this case has been completed.

5. Taking into consideration the facts and the submissions made by the learned counsel appearing on both sides and also taking note of the fact that the arrested accused have been granted bail and the investigation in this case has been completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days (15) from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvennainallur, Villupuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a 2/4

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 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 petitioner shall report before the respondent Police on every Tuesday ad Saturday at 10.30a.m., for a period of eight weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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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T.V.TAMILSELVI, J.

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