Sangeetha v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4385 of 2015 SANGEETHA ... PETITIONER/ACCUSED RANK NOT KNOWN Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, THIRUPATTUR TALUK, SIVAGANGAI DISTRICT.

2 THE INSPECTOR OF POLICE S.V.MANGALAM POLICE STATION, THIRUPATTUR TALUK, SIVAGANGAI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.ANTONY ARUL RAJ Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 306 of Indian Penal Code in Crime No.12 of 2015, on the file of the second respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondents.

3. The defacto complainant in this case is one Jothi-the father of the deceased Venkatesan. According to the defacto complainant, Venkatesan completed his Teacher Training Course and remained idle without going for any work. It is also stated in the complaint that he would simply keep roaming about and would not accompany the defacto complainant for agricultural work. Naturally, this was objected by the defacto complainant and the defacto complainant and his wife censured him. It is stated that on 20.01.2015 at 04.00 p.m., Venkatesan consumed the seeds of a poisonous plant with the intention of committing suicide. He was rushed to hospital and he died on the same day at around 19.45 hours. Therefore, the police registered a case in Crime No.12 of 2015, under Section 174 of Criminal Procedure Code.

4. Now, it is alleged that Venkatesan was in love with the petitioner and the petitioner did not reciprocate and, therefore, out of frustration, he committed suicide. A twist has been given to the case and the petitioner is being implicated for the death of Venkatesan.

https://hcservices.ecourts.gov.in/hcservices/

5. Under such circumstances, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioner. Accordingly, the petitioner is 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 Judicial Magistrate -cum- District Munsif Court, Thirupattur, on condition that the petitioner shall execute a 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 and on further condition that: [a] the petitioner shall report before the respondent police as and when required for interrogation.

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

[c] the petitioner 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 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]. sd/- 10/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE CUM DISTRICT MUNSIF, THIRUPATTUR 2 THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI DISTRICT 3 THE DEPUTY SUPERINTENDENT OF POLICE, THIRUPATTUR TALUK, SIVAGANGAI DISTRICT.

4 THE INSPECTOR OF POLICE S.V.MANGALAM POLICE STATION,THIRUPATTUR TALUK, SIVAGANGAI DISTRICT.

+1. CC to M/S.T.ANTONY ARUL RAJ Advocate SR.No.11572

ORDER

IN CRL OP(MD) No.4385 of 2015 Date :10/03/2015 AA/13.03.2015/2p- 6c/ https://hcservices.ecourts.gov.in/hcservices/