Rajaram v. State By Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 294(b) and 306 IPC in Crime No.498 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioner and the deceased are close relatives. Already there arose a wordy quarrel between the petitioner's sister in law and the deceased. While so, on 09.09.2022, the petitioner abused the deceased in filthy language and abets her to commit suicide. Hence, the case.

3. The learned counsel appearing for the petitioner submits that already there was a wordy quarrel between the sister in law of the petitioner and the deceased, due to which a complaint has been lodged by the husband of the deceased. Thereafter, again the deceased picked quarrel on the date of occurrence, thereby, out of mental stress and agony, she had committed suicide. He would submit that the petitioner is no way connected with the alleged occurrence and he has been falsely implicated in this case. Further,

F.I.R itself reveals that already there was an enmity between the petitioner's sister in law and the deceased. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) submits that petitioner abused the deceased in filthy language and abets her to commit suicide. He further submit that investigation is almost completed. However, he opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and that the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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 Court-II, Virudhachalam, 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 on daily at 10.30 a.m. for a period of eight weeks 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.

7. On considering that the deceased had left her unmarried minor daughter, who is studying 9th standard, it is a fit case to give an interim

compensation under Victim Compensation Scheme 357(A) (1) (2)(5) of Cr.P.C to the minor daughter of the deceased. Accordingly this Court is hereby recommends District Legal Services Authority, Cuddalore to pay compensation amount of Rs.50,000/- (Rupees Fifty Thousand only) as interim compensation to the minor daughter of the deceased within two months as per the manner known to law. Till the minor girl attains majority, the interest can be withdrawn by the guardian of the minor girl for the maintenance of the minor girl.

08.12.2022 Anu Copy To

1. The Chairman District Legal Services Authority, Cuddalore District

2. The Secretary District Legal Services Authority, Cuddalore District

3. District Legal Services Authority, Cuddalore

T.V.THAMILSELVI, J.

Anu 08.12.2022