Thirupatti v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Thirupatti
2. Nagaraj @ Nagarajan
3. Pandi ... Petitioners/Accused Nos. 2 to 4 Vs State Rep.by The Inspector of Police, AWPS - Vadamadurai Police Station, Dindigul District (Crime No. 12 of 2022).
... Respondent/Complainant For Petitioners: Mr.D.Balamurugapandi,Advocate For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 12 t of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 306, 498(A) I.P.C, in Crime No.12 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the brother of the deceased and he received a phone call on 20.05.2022 at about 11.00PM from his brother-in-law, ie., husband of the deceased that the deceased committed suicide by falling in front of the moving train. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in 1/3
this case. The first accused/husband of the deceased was remanded to judicial custody and the petitioners are only in-laws. The first petitioner is the father-in-law and the second, third petitioners are brothers of the first accused. Hence, prays to release them on anticipatory bail.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that due to continuous work burden, the deceased committed suicide.
5. Perusal of CD file reveals that there is no specific allegations against the petitioners for abetment of suicide. The defacto complainant and others had stated that there was continuous trouble to the deceased, due to work burden. The reason for suicide, is a matter for investigation, which is in half-way. The first accused was remanded and he would have disclose the reason for suicide of his wife.
6. Since the petitioners are only in-laws of the deceased and as per records there is no mention about the abatement of suicide, 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, before the learned Judicial Magistrate, Additional Mahila Court, Dindigul District, on condition that the petitioners shall execute 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 and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 25/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, DINDIGUL DISTRICT.
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2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3 THE INSPECTOR OF POLICE AWPS - VADAMADURAI POLICE STATION, DINDIGUL DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-7605[I] dated 25/07/2022 )
ORDER
IN CRL OP(MD) No.13392 of 2022 Date :25/07/2022 PKP/JM/SAR-2/02.08.2022/3P/6C 3/3