Arivazhagan v. State, Rep By

C.V.KARTHIKEYAN , J.

The petitioners herein who are accused in Crime No.103 of 2023 registered by the respondent Police originally for the offence under Section 174 Cr.P.C and subsequently, altered to Section 306 of IPC, before this Court seek anticipatory bail.

2.The first petitioner is the son of the petitioners 2 and 3. They are alleged to have abetted the suicide of the wife of the first petitioner. In the FIR, it is stated that they caused mental agony to the deceased and she had taken a large quantity of hair oil and unfortunately, died. 3.Investigation has to be conducted and it is also contended that the petitioners had suspected the fidelity of the deceased and also the paternity of the daughter born.

4.In view of these circumstances, as far as the first petitioner is concerned, this Court is not inclined to grant anticipatory bail and as far as the petitioners 2 and 3 are concerned, this Court is inclined to grant anticipatory bail to them with certain conditions.

5. Accordingly, the petitioners 2 and 3 are ordered to be released 1/4

on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Chidambaram, on condition that the petitioners 2 and 3 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 2 and 3 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 petitioners 2 and 3 shall report before the respondent Police, daily at 10.30 a.m., until further orders; However, it is also a specific direction that they must disclose the address of A1 and if disclose, the respondent Police shall take the custody of A1; [c] the petitioners 2 and 3 shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 2 and 3 shall not abscond 2/4

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 2 and 3 in accordance with law as if the conditions have been imposed and the petitioners 2 and 3 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; 03.10.2023 vkr 3/4

C.V.KARTHIKEYAN , J.

vkr 03.10.2023 4/4