E.R.Deril v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM E.R.Deril, ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Vengamedu Police Station, Karur District, Cr.No.266/2023.

... Respondent/Complainant Lazhar ... Petitioner/Intervener In Crl.MP(MD).12518/2023 in Crl.OP(MD).15568/2023 For Petitioner : M/s.JAIKUMAR. M, Advocate.

For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor For Intervenor : Mr.C.SURESH KANNAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.266/2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/ Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 174 Cr.P.C., @ 306 IPC in Crime No.266 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner and the deceased loved each 1/4

other for the past 3 1⁄2 years and decided, but, the same was not accepted by the deceased family and hence, she committed suicide. Hence the case. 3.The learned counsel for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and hence, prayed for anticipatory bail.

4. The learned Additional Public Prosecutor would submit that it is a case of love affair and that the petitioner herein tortured the deceased to marry her and hence, the deceased committed suicide and the investigation of the case is pending.

5. Considering the facts and circumstances of the case and also considering the fact that the there was a love affair between the petitioner and the deceased and that the same was not accepted by the petitioner and that the deceased has committed suicide and hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Karur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: 2/4

[a] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court 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 on receipt of summons.

[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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 04/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TRP TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE INSPECTOR OF POLICE, VENGAMEDU POLICE STATION, KARUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-14641[I] dated 04/10/2023 ) ORDER IN CRL OP(MD) No.15568 of 2023 Date :04/10/2023 SA/DD/SAR. /10.10.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4