Sathishkumar v. The State Rep.By

A.D.JAGADISH CHANDIRA, J.

Apprehending arrest in connection with Crime No.279 of 2024, registered for the offences punishable under Sections 108 of BNS, the present petition has been filed seeking anticipatory bail.

2.The case of the prosecution is that the petitioner who was having love affair with the victim girl and refused to marry her and thereby, she committed suicide. Hence, the case.

3.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would further submit that the petitioner and the victim girl had love with each other for a long time and since it was opposed by the family members of the victim, she had committed suicide by hanging, whereas a false complaint has been given, as if the petitioner has abetted the victim to commit suicide. He further would submit that there is absolutely no materials to show that the petitioner had abetted the victim girl to commit suicide. He is ready to abide by any conditions that may be imposed by this Court.

4.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioner who was having love affair with the victim girl and refused to marry her and thereby, she committed suicide. 5.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal 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.

6.Accordingly, the petitioner is 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 - II, Viruthachalam, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intend 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 petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police on every day at 10.30 p.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 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 05.12.2024

ah A.D.JAGADISH CHANDIRA, J.

ah

05.12.2024