S.Chellasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2020 PRESENT The Hon`ble Mr.Justice RMT. TEEKAA RAMAN

1. S.Chellasamy,

2. P. Velusamy,

3. K. Thirumeni,

4. S. Dineshkumar,

5. S. Gurunathan,

6. T. Kalimuthu, ... Petitioners/Accused Nos.8 to 13 Vs The State rep by The Inspector of Police, Sankaralingapuram Police Station, Thoothukudi District (Crime No. 36 of 2020).

... Respondent/Complainant For Petitioners : M/s.C.Gangai Amaran, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 36 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 176 and 306 of I.P.C., in Crime No.36 of 2020 on the file of the respondent police, seek anticipatory bail.

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3. The learned Additional Public Prosecutor submitted that the deceased got married to the first accused, who was not allowing the deceased to attend her sister's marriage. Hence she committed suicide. He further submitted that there is no specific overtact against the petitioners and the other accused has been granted anticipatory bail by this Court in Crl.O.P.No.6418 of 2010 on 19.06.2020.

4. In the view of the fact that the other accused has been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

(i) Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court, Vilathikulam, Thoothukudi District, on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned; (ii)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; (iii)The petitioners shall report before the respondent Police on every Monday and Friday at 10.00 a.m., until further orders, for interrogation.

(iv)The petitioners shall not tamper with evidence or witness either during investigation or trial;

(v)The petitioners shall not abscond either during investigation or trial;

(vi)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]; and;

(vii)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 24/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, VILATHIKULAM, THOOTHUKUDI DISTRICT.

2. DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE, SANKARALINGAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.6488 of 2020 Date :24/06/2020 IAS AE/PN/SAR-II (26.06.2020) 3P 5C 3/3