Uma v. The State Rep.By

T.V.TAMIILSELVI, J., The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 174(iii) of Cr.P.C. and subsequently, it was altered into Section 306 of IPC in Crime No.428 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused, harassed the sister of the defacto complainant by demanding dowry, due to which, the sister of the defacto complainant committed suicide by hanging. Initially, the case was registered under 174(iii) of Cr.P.C. and subsequently, altered to Section 306 IPC.

3. The learned counsel appearing for the petitioner submitted that the petitioner is the sister-in-law of the deceased and she is an innocent person and no way connected with the alleged suicide and that she has been falsely implicated in this case. He further submitted that the co-accused in this case have been released on bail by the Court below. The petitioner is ready to abide by any stringent conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the RDO enquiry was conducted in this case and as per RDO report, there was no harassment by this petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the both counsel and also considering the fact that the as per the Report of the RDO, there was no harassment by this petitioner and also of the fact that the co-accused have been released on bail by the Court below, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate-II, Mathuranthagam, 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] the petitioner 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 petitioner shall report before the respondent police, as and when required for interrogation;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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 petitioner in accordance with law as if the conditions has been imposed and the petitioner is released on anticipatory 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.

12.06.2024 ssi

T.V.TAMIILSELVI, J., ssi 12.06.2024