Anu Darshini v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Anu Darshini

...Petitioner

Vs.

The State Rep by Inspector of Police, Ramanathapuram Police Station, Coimbatore District.

(Crime No.5 of 2023) ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.5 of 2023 on the file of the respondent.

For Petitioner : Mr.K.M.Subheramaniam For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) 1/7

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.05.2023 for the offence punishable under Section 174 Cr.P.C. and altered to Section 306 I.P.C in Crime No.5 of 2023 on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioner submitted that, petitioner is falsely implicated for the suicide committed by her husband. Her parents were granted anticipatory bail by this Court in Crl.O.P.No.8074 of 2023 on 26.05.2023. She is in judicial custody from 25.05.2023. Therefore, he prays for grant of bail to the petitioner. 3.In response, the learned Government Advocate (Criminal Side) submitted that the deceased Akshay and the petitioner got married on 07.11.2022. Suspecting that petitioner had illicit relationship with her college friend, the deceased has committed suicide by hanging. 4.Considered the rival submissions and perused the records. 2/7

5.As of now there is no materials produced before this Court that petitioner is responsible / abated the deceased to commit suicide. Considering the facts and circumstances of the case and the fact that the petitioner is in judicial custody from 25.05.2023, this Court is inclined to grant bail to the petitioner with conditions.

6. Accordingly, the petitioner is ordered to be released on bail on her executing 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 learned Judicial Magistrate VI, Coimbatore, and on further conditions that :- [a] 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 learned Judicial Magistrate VI, Coimbatore, daily at 10.00 3/7

a.m., until further orders and on the date of hearings without fail.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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.

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To 1.The Judicial Magistrate VI, Coimbatore 2.Inspector of Police, Ramanathapuram Police Station, Coimbatore District.

3.Special Prison for Women, Central Prison, Coimbatore 4.The Public Prosecutor, High Court of Madras 5/7

G.CHANDRASEKHARAN. J.

ep 6/7

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