Ambethkar v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2020
CORAM
THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.17753 of 2020
1. Ambethkar
2. Senthamilselvi ... Petitioners Vs.
The State Represented by, The Inspector of Police, Ramanatham Police Station, Cuddalore District.
(Cr.No.1199 of 2020)
...Respondent
Prayer:
Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of their arrest in Connection with the Crime No.1199 of 2020 pending on the file of the respondent police.
For Petitioners : Mr.T.Balachandran For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
ORDER
(This case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 174 of Cr.P.C altered to 294(b) and 306 of IPC, in Crime No.1199 of 2020, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution as per the defacto complainantArasan is that his daughter, namely, Sonia was in love with A1-Arun, who later refused to marry her and got engaged with another girl, due to which the daughter of the defacto complainant committed suicide. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. The petitioners who are parents of the 1st accused-Arun was not aware of the love affair between their son Arun were and the said Sonia. A1 was arrested on 25.09.2020 and enlarged on bail in Crl.MP.No.5811 of 2020 dated 28.10.2020 by the learned Principal Sessions Judge, Cuddalore. This is the second anticipatory bail application. Earlier petition filed by the petitioners in Crl.O.P.No.15374 of 2020 was dismissed by this Court vide order dated 12.10.2020. Hence, he prays for grant of anticipatory bail to the petitioners.
4.The learned Additional Public Prosecutor would submit that the petitioners are parents of the 1st accused-Arun. The said Arun was love affair with Sonia, who is the daughter of the defacto complainant, and later refused to marry her and got engaged with another girl, due to which, she committed suicide. However, no suicide note was left. Investigation is still pending. Hence, he vehemently opposed the grant of anticipatory bail to the petitioners.
5. Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;
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 (15) days from the date on which the copy of the order is made ready, before the Judicial Magistrate No.I, Cuddalore, Cuddalore District, on condition that each of the petitioner 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, 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 every day at 10.30 a.m., for a period of two weeks and thereafter every Monday at 10.30 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.
8.With the above directions, this Criminal Original Petition is ordered.
-sd/- 08/12/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.I, CUDDALORE, CUDDALORE DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 INSPECTOR OF POLICE, RAMANATHAM POLICE STATION, CUDDALORE DISTRICT.
CC to T.BALACHANDRAN Advocate on payment of necessary charges CRL OP.17753/2020 Date :08/12/2020 RVR 14/12/2020