Suseela v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15155 of 2023 1.Suseela 2.Vigneshwar ... Petitioners/Accused Rank Not Known Vs The State, represented by The Inspector of Police, Velayuthapalayam Police Station, Karur District.
(Crime No.236 of 2023).
... Respondent/Complainant For Petitioners : Mr.N.Balasubramanian, Advocate.
For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.236 of 2023 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/Accused rank not known, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 174 of Cr.P.C. @ 306 of I.P.C, in Crime No.236 of 2023 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant version is that her elder daughter namely Geetha was married to the first accused namely Velavan on 26.11.2020. The said Velavan was running mess in Punnamchathiram. On 01.06.2023 for the marriage function, both of the said Geetha and Velavan attended and later they returned to their house. On 02.06.2023 at about 1.00 p.m., he was informed by one Vigneshwaran, who is brother of first accused that her daughter Geetha committed suicide. After that he lodged a complaint and the case has been registered.
3. The learned Additional Public Prosecutor would submit that alteration report is filed altering the offences under Section 306 and 498(A) IPC. The accused Nos.1 and 2 were remanded to custody and later enlarged on bail by the learned Principal District Judge, Karur in Cr.M.P.No.1307 of 2023, dated 28.08.2023. 2/5
4. This petition is filed by these petitioners stating that they are mother-in-law and father-in-law of the second petitioner herein.
5. The learned counsel for the petitioners would submit it is the issue between the husband and wife and these petitioners are no way involved in this case. It has been wrongly stated that these petitioners also joint the hands of the first accused.
6. Perusal of CD file as well as the report submitted by the Revenue Divisional Officer shows that it is the case of demanding of money on the eve of marriage ceremony of Santhiya, who is younger daughter of the defacto complainant. Trouble arose between the first accused and the deceased. On the same day, the deceased was taken to the first accused's seperated house, where she committed suicide.
7. Considering the facts and circumstances of this case and even though it has been stated that because of demand of money on the particular date, the above said suicide occurred, only a bald allegation is made against these petitioners. Hence, this Court is inclined to grant anticipatory bail to the petitioners.
8. Accordingly, this Criminal Original Petition is allowed and petitioners are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Karur, 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 3/5
further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
9. 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/- 08/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
indu TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.
3 THE INSPECTOR OF POLICE VELAYUMTHAPALAYAM POLICE STATION, KARUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. BALASUBRAMANIAN.N Advocate SR.No.42724(F) 4/5
ORDER
IN CRL OP(MD) No.15155 of 2023 Date :08/09/2023 SSA/VR/15.09.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5