Thamini v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.7240 of 2020 Thamini ... Petitioner/Accused No.1 Vs The State rep by The Inspector of Police, Ariyamangalam Police Station, Trichy District (Crime No. 281 of 2020). ... Respondent/Complainant For Petitioner : Mr.B.Jameel Arasu, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 281 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police for the offences punishable under section 306 of IPC, in Crime No.281 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is the wife. The deceased/husband is said to have committed suicide. Hence, the present complaint.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person. He further submitted that based on the suicide note, he has been falsely implicated in this case. He further submitted that the petitioner came out from the matrimonial home, six months prior to the suicide. Hence, he seek anticipatory bail.

5.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that in the suicide note, it is clearly stated that the petitioner and her family members are harassing him. 6.Perused the materials available on record.

7.Considering the facts and circumstances of the case and considering the materials available on record including the suicide note alleged to have been written by the deceased/husband and that no prima facie case for the offence under Section 306 of IPC has been made out against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of four weeks from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.VI, Trichy District, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police as and when required for interrogation.

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

sd/- 10.07.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsg 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 Court No.VI, Trichy District.

2. -Do- Through The Chief Judicial Magistrate, Trichy District.

3. The Inspector of Police, Ariyamangalam Police Station, Trichy District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7240 of 2020 Date : 10/07/2020 VB SKN SAR 2 (14.07.2020) 3P 5C