Sethuraman @ Sethuram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Sethuraman @ Sethuram,

2. Kanagammal @ Kanagam,

3. Radha,

4. Narayanan @ Ramanarayanan, ... Petitioners/Accused Nos. 4, 5,8 & 9 Vs The Inspector of Police, Kombai Police Station, Theni District.

(Crime No.57/2024)..

... Respondent/Complainant For Petitioners : Mr.V.Kathirvelu, Senior Counsel, for Mr.K. Prabhu, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.57/2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in connection with the case in Crime No.57 of 2024 for the offence under 174 (3) Cr.P.C, altered into Section 306 I.P.C., have filed this petition, seeking anticipatory bail.

2. The case of the prosecution is that the petitioners are alleged to have abetted the deceased to commit suicide.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submits that the investigation is yet to be completed. However, he fairly submits that the petitioners are not having any previous case. 5.The petitioners are distant relative of A1. A1 married the deceased in a temple on 16.04.2023. They lived together for a period of one week and thereafter, due to some dispute, she was living with her parents. In this regard, a case is also pending before this Court. While so, on 02.04.2024, when the defacto complainant was away from the house, the deceased said to have locked the house and also committed suicide by hanging. On the complaint of the mother of the deceased, the case was registered under Section 174 (3) Cr.P.C and after investigation, it was altered into 2/5

Section 306 I.P.C and the petitioners are added as Accused.

6. Considering the facts and circumstances of the case, nature of offence and considering the antecedents of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is allowed and 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 of receipt of a copy of this order, before the concerned learned Judicial Magistrate, on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Bodinayakannur, Theni District. (ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

(iii) The petitioners shall appear before the respondent police as and when required by the respondent police. They have to co-operate for the investigation. (iv) The petitioners shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. 3/5

(v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 18/04/2024 / TRUE COPY / 23/04/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO THE JUDICIAL MAGISTRATE, BODINAYAKANNUR, THENI DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

THE INSPECTOR OF POLICE KOMBAI POLICE STATION, THENI DISTRICT.

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

4/5

+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-4634[I] dated 18/04/2024 )

ORDER

IN CRL OP(MD) No.6043 of 2024 Date :18/04/2024 PKP/23.04.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5