Praveen v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Section 174 Cr.P.C. altered to 306 IPC in Cr.No.110 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant's sister namely one Bhuvaneswari worked at Sivagami Estate for the past two years and she had a love affair with her co-worker one Praveen, who is the petitioner herein. While so, the petitioner had contact with some other women and cheated the defacto complainant's sister. Due to the mental stress and agony, the said Bhuvaneswari committed suicide by hanging herself. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that he is an innocent person and he has been falsely implicated in this case. 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 petitioner and the deceased had love affair and the petitioner had contact with some other women and cheated the deceased/defacto complainant's sister. Due to the mental stress and agony, she had committed suicide by hanging herself. He would submit that RDO enquiry is pending. Hence, he vehemently opposed for grant of anticipatory bail.

5. Considering the facts and circumstances of the case and that it is a case of love affair, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kothagiri 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 Magistrate concerned 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 Court concerned 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 every Wednesday at 10.30 a.m. for a period of two months and thereafter, appear before the trial Court on all hearing dates.

(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 anticipatory 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

19.12.2022 anu

T.V.THAMILSELVI, J.

anu 19.12.2022