Ellammal v. The State Rep By

T.V.TAMIILSELVI, J., The petitioners, who apprehend arrest for the alleged offence under Section 174(3) of Cr.P.C. r/w Section 306 of IPC in Crime No.104 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the 1st accused who is the husband of the victim Sandhiya has harassed the victim by demanding dowry due to which, the victim went to her parents home on 20.03.2024 and subsequently, she was brought back to the matrimonial home by her parents by giving advice. On 22.03.2024, the victim committed suicide by pouring oil. Hence, the case.

3.The learned counsel appearing for the petitioners submits that the petitioners are the parents of the 1st accused and they have been falsely implicated in this case and that they are no way connected with the death of the deceased. He further submitted that the 1st accused was already arrested and subsequently, released on bail. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. side) appearing for the respondent states that the petitioners are in-laws of the deceased. The accused used to harass the deceased verbally and physically for want of more dowry and demanded her to bring 10 sovereigns of gold and Rs.2 lakhs money. Due to the dowry harassment made by the petitioners along with the 1st accused, the deceased committed suicide by pouring oil. He further submits that RDO enquiry is pending. Hence, he vehemently opposed for granting anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also of the fact that the 1st accused has been released on bail, investigation almost completed, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Polur, on condition that the petitioners shall execute a 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 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 appear before the respondent police on every Tuesday for a period of eight weeks and thereafter as and when required for interrogation;

(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 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. 11.06.2024 ssi

T.V.TAMIILSELVI, J., ssi 11.06.2024