Selvamurthy v. The Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest for the alleged offences under Sections 294(b), 353 & 506(i) of IPC read with Section 3 of PPDL Act in Crime No.270 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the the de-facto complainant, who is working as a Resident Medical Officer at Government Medical College Hospital, Vellore is that the petitioners' daughter, who had committed suicide was brought to the hospital in an ambulance and she was declared brought dead. The petitioners along with other accused alleging that the de-facto complainant and other Doctors were responsible for their daughter's death had created a ruckus, threatened them with dire consequences and also caused damages to the glass doors of the hospital. Hence, the complaint was registered.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners along with other accused alleging that the de-facto complainant and others were responsible for their daughter's death had threatened them with dire consequences and also caused damages to glass doors of the hospital. The estimated cost of the damages is Rs.5,000/-. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. At this juncture, the learned counsel for the petitioners would further submit that without prejudice, petitioners are prepared to jointly deposit a sum of Rs.5,000/- to the Government for any welfare purpose.
6. Heard the learned counsel. Considering the facts and
circumstances of the case and without prejudice, petitioners are undertaking to jointly deposit a sum of Rs.5,000/- to the Government for any welfare purpose, this Court is inclined to grant anticipatory bail to the petitioners.
7. Accordingly, the petitioners are directed to jointly deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as a non-refundable deposit by way of Demand Draft/RTGS/NEFT to the "The Dean/Medical Officer, Government Vellore Medical College & Hospital, Adukkamparai, Vellore, Tamil Nadu 632011" and on such deposit, the petitioners are ordered to be released 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 JM No.I, at Vellore, Vellore District, on condition that each of the petitioners shall execute a separate 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 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 petitioners shall jointly deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non-refundable deposit to the "The Dean/Medical Officer, Government Vellore Medical College & Hospital, Adukkamparai, Vellore, Tamil Nadu 632011" and the acknowlegement for the same shall be produced before the learned Magistrate at time of execution of bond. [c] the petitioners shall report before the respondent police every day at 10.30 a.m., until further orders.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial. [f] 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
28.11.2022 mpl
A.D.JAGADISH CHANDIRA, J.
mpl 28.11.2022