Madras High CourtCRL OP(MD)/6217/2024partly allowed

Gahan J Ram M @ Gahan Jeyaram v. The Inspector Of Police

2024-04-23Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Gahan J Ram.M @ Gahan Jeyaram

2. Manivasagam

3. Ramani ... Petitioners/Accused No.1,2 & 3

4. Hari Haran

5. Jeyasing Ramar @ Sankar ... Petitioners/Accused No.6 & 7 Vs The Inspector of Police, Kombai Police Station, Theni District.

Crime No.57/2024.

... Respondent/Complainant For Petitioners :

Mr.D.Venkatachalam, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.57/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/4

The petitioners apprehending arrest at the hands of the respondent police in connection with Crime No.57 of 2024 for the offence under Section 306 of IPC, have filed this petition seeking anticipatory bail. 2.The case of the prosecution is that the defacto complainant's daughter fell in love with the first petitioner, both eloped on 16.04.2023 and got married. Within one week, she was driven out of the matrimonial house at the instigation of the petitioners 2 and 3, who are the parents of the first petitioner. The deceased, on frustration, has committed suicide. Therefore, a case has been registered as against the petitioners and two others.

3.The learned counsel for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the co-accused were already granted anticipatory bail by this Court.

4.The learned Government Advocate (Crl. side) appearing for the respondent police opposes for grant of anticipatory bail on the ground that the investigation is yet to be completed.

5.Considering the relationship of the other accused, this Court by an earlier dated 18.04.2024 in Crl.O.P.(MD)No.6043 of 2024, has granted anticipatory bail to A4, A5, A8 and A9 on the ground that they are the relatives of A1. 2/4

6.In view of the above, since there is specific overt act against the petitioners 1 to 3, this Court is not inclined to grant anticipatory bail to the petitioners 1 to 3. Accordingly, this petition is dismissed as against the petitioners 1 to 3. 7.Considering the nature of allegation made against the petitioners 4 and 5, who are the relatives of the first petitioner, this Court is inclined to grant anticipatory bail to the petitioners 4 and 5 with certain conditions. 8.

Accordingly, this Criminal Original Petition is partly allowed and the petitioners 4 and 5 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 learned Judicial Magistrate at Bodinayakkanur, on condition that the petitioners 4 and 5 shall execute a bond for a sum of Rs.

(ii)The petitioners 4 and 5 shall appear before the respondent police daily at 10.30 am until further orders. They have to co-operate for the investigation. (iii) The petitioners 4 and 5 shall not misuse the liberty granted to them by 3/4

indulging in any further offence and shall not tamper with the prosecution witnesses. (iv)On violation of any of the above conditions by the petitioners 4 and 5, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 23/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE, BODINAYAKKANUR.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, KOMBAI POLICE STATION, THENI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.D.VENKATACHALAM, Advocate ( SR-4877[I] dated 25/04/2024 ) ORDER IN CRL OP(MD) No.6217 of 2024 Date :23/04/2024 RS/VR/SAR-(30.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4