Azhagi Bhuvaneshwari Yogeshwari And 7 Others v. State Rep By
C.V.KARTHIKEYAN, J.
The petitioners herein seek anticipatory bail in Crime No.1377 of 2023 registered by the respondent police for the offence punishable under Section 174 of Cr.P.C later altered to 306 of I.P.C for the occurrence took place on 21.04.2023, for which First Information Report was registered on 16.08.2023.
2.The mother of the deceased had stated that all the petitioners herein had made a fun with the deceased stating that she is having relationship with a aged person, due to which, the deceased ran to a railway track and fell in front of the train and thereby committed suicide. 3.By an order dated 21.11.2023, this Court had granted interim anticipatory bail to the 1st to 4th petitioners till 04.12.2023 with a direction to deposit jointly a sum of Rs.1,00,000/- to the Credit of Crime No.1377 of 2023 before the Judicial Magistrate No.I, Tiruppur. 4.Today, the learned counsel for the petitioners represented that all the petitioners are prepared to deposit a sum of Rs.1,00,000/- to the Credit of Crime No.1377 of 2023 before the Judicial Magistrate No.I, 1/4
Tiruppur.
5.In view of that particular fact, this Court is inclined to grant anticipatory bail to the petitioners, directing them jointly to deposit a sum of Rs.1,00,000/- to the Credit of Crime No.1377 of 2023 before the Judicial Magistrate No.I, Tiruppur. On receipt of the said amount, the learned Magistrate No.I, Tiruppur, may disburse the amount to the mother of the deceased.
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 No.I, Tiruppur, on condition that each one of the petitioner shall execute a 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:
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[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 report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter 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.
[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.
07.12.2023 smv 3/4
C.V.KARTHIKEYAN , J.
smv 07.12.2023 4/4