Duraimurugan v. The Inspector Of Police
RMT.TEEKAA RAMAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 174 Cr.P.C @ Section 305 of IPC, in Crime No.216 of 2023, seek anticipatory bail.
2. The case of the prosecution is that the petitioners' daughter one Sivadharshini and the son of the defacto complainant were in love with each other. On 18.07.2023, at night time, both of them speaking near the petitioners' house, at that time, the petitioners along with their sons caught the couple, snatched the cell phone of the son of defacto complainant, manhandled him and warned. Thereby, unable to bear the humiliation, the victim committed suicide by hanging. Hence the case. 3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they are the parents of one Sivadharshini. He would further submit that they are no way connected with the alleged offence. Hence, he prayed for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that during the course of investigation, it came to know that the deceased has sent a voice message to his brother stating the reason for his death. 5.Heard the learned Counsel for the petitioners and the learned Government Advocate (Crl.side) and perused the 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 and after going through the alteration report, this Court is inclined to grant bail to the petitioners with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vedharanyam 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, 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 first petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; the second petitioner shall report before the respondent Police, 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 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.
16.08.2023 vkr RMT.TEEKAA RAMAN, J.
vkr 16.08.2023