D.Iswarya v. The Inspector Of Police,
RMT.TEEKAA RAMAN, J.
The petitioner, who apprehends arrest for the alleged offences under Section 174 Cr.P.C @ 306 of IPC in Crime No.260 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant who is the father of the deceased is that the petitioner and his son were in love with each other and the petitioner had promised to marry the deceased. While so, all of a sudden, the petitioner severed the relationship with the son of the defacto complainant and was in relationship with another person. Unable to bear the same, the son of the defacto complainant committed suicide and before committing suicide, he had also sent a video message to the petitioner stating that he will die if the petitioner does not accept to marry him. Hence the case.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and admittedly, the petitioner and the son of the defacto complainant were in love with each other. Taking advantage of the same, the son of the defacto complainant used to torture the petitioner to have sexual relationship. Since the petitioner could not tolerate his harassment, she thought that she could not survive the marriage life with him and she conveyed the same to him, other than that there is no allegation of abetment on the part of the petitioner. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that the petitioner abetted the son of defacto complainant to commit suicide by severing the his relationship.
5. Heard both sides and perused the entire materials available on record.
6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ambattur, 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, failing which, the petition for anticipatory bail shall stand dismissed 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 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 daily at 10.30 a.m., for a period of
two weeks and thereafter, on Tuesday and Friday at 10.30 a.m., until further orders. However, the petitioner shall not leave the India without permissio of this Court; [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 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 absconds, a fresh FIR can be registered under Section 229A IPC;
24.08.2023 vkr
RMT.TEEKAA RAMAN, J.
vkr 24.08.2023