Ramiya v. The State Rep By Its,
S. SOUNTHAR , J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 306 of I.P.C in Crime No.15 of 2024, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners are the wife and the mother in law of the deceased respectively had abused the deceased by claiming maintenance and compensation and due to mental stress the deceased person committed suicide by consuming poison. 3.The learned counsel for the petitioners stated that the petitioners are innocent person, due to previous enmity, they have been falsely implicated in this case. Thus, he seeks anticipatory bail to the petitioners.
4. Heard both sides and perused the materials placed on record. 5.Having regard to the nature of allegations made against the petitioners and other attendent circumstances, I am inclined to grant anticipatory bail to the petitioners subject to conditions. 1/5
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 on which the order copy made ready, before the learned Judicial Magistrate, Pennagaram on condition that the petitioners shall execute 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 everyday at 10.00.a.m., until further orders.
[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 2/5
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 abscond, a fresh FIR can be registered under Section 229A IPC;
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1. The Inspector of Police Papparapatti Police Station Dharmapuri District 2.The Judicial Magistrate, Pennagaram 3.The Public Prosecutor, High Court, Madras 3/5
S. SOUNTHAR , J.
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