Aishwarya v. State Rep By The Inspector Of Police
T.V.THAMILSELVI,J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 306 of IPC in Crime No.555 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the petitioners are family members and the 1st petitioner is the wife of the deceased and the petitioners 2 to 4 are the mother and sisters of the 1st petitioner. Due to family dispute between the 1st petitioner and her husband, he had committed suicide by hanging. Hence, the case.
3. The learned counsel for the petitioners would submit that they are innocent persons and they have been falsely implicated in this case. He would also submit that the names of the petitioners were not found in the suicide note. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would submit that in the suicide note, it is seen that the family members of the 1st petitioner is one of the reasons for his suicide. He would also submit that the investigation was almost completed. However, he opposed for grant of anticipatory bail to the petitioners.
5. Taking into consideration the facts and circumstances of the case and also the fact that if the 1st petitioner is arrested, the two children will get affected, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, 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 Judicial Magistrate, Tirukovilur, on condition that each of the petitioners shall execute 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 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 1st petitioner shall report before the respondent Police on every Saturday at 10.30 a.m. for a period of six weeks and the petitioners 2 to 4 shall report before the respondent Police as and when required for interrogation;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either during investigation or trial;
T.V.THAMILSELVI,J.
sp [e] 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
16.12.2022 sp