Thirisha Alias Shirisha v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Thirisha @ Shirisha ... Petitioner Vs.

The State represented by, The Inspector of Police, Panamadangi Police Station, Vellore District.

(Crime No.183 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of her arrest by the respondent police concerned in Crime No.183 of 2024, on the file of the respondent police. For Petitioner :

Mr.E.Kannadasan For Respondent :

Mr.S.Santhosh Government Advocate (Crl.Side) Page No.1 of 6

O R D E R

Apprehending arrest in connection with Crime No.183 of 2024 registered for the offences punishable under Sections 194 (3) of BNSS 2023 into 108 of BNS 2023, the present petition has been filed seeking anticipatory bail.

2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is an innocent and she has been falsely implicated in this case. He further submits that the petitioner is the sister-in-law of the victim/deceased and she arrayed as A3. He further submits that A1 and A2 are respectively the father- in-law and mother-in-law of the victim/deceased were arrested and released on bail. He also submits that the petitioner has no previous case against her. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

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3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the daughter of the defacto complainant / victim was given in marriage to the petitioner's brother during the month of May 2023 and after the marriage, when the victim's husband went to Army, the in-law of the victim used to quarrel with her, thereby, she left her matrimonial home and lived with her parents. Thereafter, when the victim's husband taken her back to his house, the petitioner along with her parents harassed her by demanding dowry, due to which, the victim had committed suicide by hanging. He further submits that the RDO enquiry is pending in this case, thereby, the investigation in this case is still pending.

He also submits that the petitioner has no previous case against her. 4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, the petitioner is Page No.

ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court at Katpadi on condition that the petitioner shall execute a bond each 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 said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of one weeks and thereafter on every first and third Saturday 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 Page No.4 of 6

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 269 of BNS.

09.12.2024 av Page No.5 of 6

A.D.JAGADISH CHANDIRA , J.

av 09.12.2024 Page No.6 of 6