Renuka v. Inspector Of Police

V.LAKSHMINARAYANAN. J., The petitioner, who apprehends arrest for the alleged offences under Sections 309, 353, 506 (1), 268 and 290 of IPC in Cr.No.171 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner locked her house door inside and threatened to suicide through the gas cylinder's gas pipeline made fire. The complaint was made by one Rajendiran working as a special Sub- Inspector of Police, in the same respondent police station and hence, the case. The respondent enquiry stated in F.I.R. that the petitioner had quarrelled with her husband and suddenly took the worst mind confusion decision to suicide herself. 3.The learned counsel appearing for the petitioner submits that the petitioner was admitted to the hospital and discharged after treatment. The petitioner was never involved in the said incident, and the petitioner lived in the matrimonial home with her husband. The petitioner has one

kid. The petitioner is innocent, law abiding citizen and has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. The petitioner is ready to furnish substantial sureties and any conditions to be imposed by this Court for grant of anticipatory bail. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) submits that there was a family dispute between the petitioner and her husband and the petitioner locked her house door inside and threatened to suicide through the gas cylinder's gas pipeline made fire. Hence, he opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case that there was a family dispute which has resulted in the criminal complaint and the petitioner being lady, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her/their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvotriyur, Chennai 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 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) if the petitioner failed to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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;

(c) the petitioner shall report before the respondent police as and when required for interrogation;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

(f) 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]; and;

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

24.05.2023 ab

V.LAKSHMINARAYANAN. J., ab 24.05.2023