J.Manikandan v. State Rep.By,
A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Section 306 of IPC in Crime No.376 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the de-facto complainant Indra is that her daughter was married to one Sivakumar 12 years ago and she has got 2 children. While so, the accused had developed illicit intimacy with her daughter. Later, the accused had humiliated her due to which she committed suicide. Hence, the complaint.
3. The learned counsel for the petitioner would submit that even as per the de-facto complainant the allegation is that the petitioner used to talk with the deceased in phone. He would further submit that the victim was having relationship with one Ragupathy and it was found by the husband of the deceased. Thereafter, the husband of the deceased left
her and went away to Tiruppur. Subsequently, the de-facto complainant had taken her daughter and left her in her relatives house and there she committed suicide. She was humiliated by her relatives and she committed suicide whereas a false allegation is made as if the petitioner abetted the victim to commit suicide. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the investigation is pending. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner 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 days from the date on which the order copy made ready, before the learned
District Munsif cum Judicial Magistrate, Neyveli, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 everyday at 10.30 a.m., until further orders. [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].
A.D.JAGADISH CHANDIRA, J.
mpl [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
04.11.2022 mpl