Dineshkumar v. State Rep By

Crl.O.P.No.27342 of 2024 P.DHANABAL,J.

The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 174(3) of IPC and later altered into Section 306 of IPC in Crime No.68 of 2024 seeks anticipatory bail.

2. The case of the prosecution is that on 20.03.2024, the defacto complainant has received phone call from Sagunthala who is the neighbour of the deceased, informed that his daughter was died by hanging herself. Hence, the case has registered against the petitioners.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. He further submits that they are ready to abide by any stringent conditions imposed by this Court. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent submits that the deceased died by hanging herself. Regarding the same, RDO enquiry has been conducted and as per the report, no primafacie case for dowry harassment. However, he vehemently opposed for the grant of anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Considering the nature of offence, RDO enquiry has been conducted and as per the report and there was no demand of dowry and also the fact that there is no previous case against the petitioners and considering all other aspects, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. 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/Additional Mahila Court, Cuddalore on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of

the learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police everyday at 10.30 a.m.,until further orders.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

30.10.2024 Vv P.DHANABAL, J.

Vv Crl.O.P.No.27342 of 2024 30.10.2024