Periyar v. The State Rep By Its,

Crl.O.P.No.20831 of 2024 P.DHANABAL,J The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 304(ii) of the IPC in Crime No.452 of 2019 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 13.12.2019, when the wife of the defacto complainant was mowing the grass in the maize field behind the petitioner's house, she died due to electric shock on account of the power supply given to the iron fence in the maize field of the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and that he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner is A3 and that the wife of the defacto-complainant died due to electric shock only on account of the power 1/4

supply given to the iron fence in the maize field of the petitioner. He further submitted that the case is of the year 2019 and that the investigation has already been completed.

5. Considering the submissions on both sides and considering the facts that the investigation has already been completed, that no previous case is pending against the petitioner, that totally, there are five accused in this case and A1 and A2 were already granted anticipatory bail by order dated 07.8.2024 in Crl.M.P.No.4258 of 2024 on the file of the Principal District & Sessions Court, Cuddalore and that the other accused were also granted bail, this Court is inclined to grant anticipatory bail to the petitioner, however, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.1, Vridhachalam, 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 2/4

Magistrate concerned and on further condition that: [a] the petitioner shall report before the Judicial Magistrate No.1, Vridhachalam, on the first working day of English calendar month at 10.30 a.m., for the period of three months. [b] the petitioner shall not tamper with the witnesses either during investigation or trial;

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

[d] On breach of any of the aforesaid conditions, the learned Magistrate or the 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 or the Trial Judge himself as laid down by the Hon'ble Supreme Court in P.K. Shaji v. State of Kerala [(2005) AIR SCW 5560].

[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the Bhartiya Nyaya Sanhita. 29.08.2024 mfa 3/4

P.DHANABAL,J.

mfa Crl.O.P.No.20831 of 2024 29.08.2024 4/4