Panchavarnam v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. Panchavarnam
2. Vijay ... Petitioners/2nd and 3rd Accused Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Valanthoor Police Station, Madurai District.
(Crime No. 75 of 2024).
... Respondent/Complainant For Petitioner : Mr.S.Poornachandran, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 75 of 2024 on the file of the Respondent police.
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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 174 of Cr.P.C and subsequently, altered to Section 306 of IPC in Crime No.75 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant's son married the daughter of A1. They were also blessed with two girl children. There was some misunderstanding and on 04.06.2024, the deceased is said to have met the accused persons. At which point of time, they have abused in filthy language and had abetted the deceased to commit suicide. Hence the deceased committed suicide by hanging on the same day at 11.30 a.m. There are totally three accused persons in this case and the petitioners have been arrayed as A2 and A3, they are mother-in-law and brotherin-law of the deceased. A1 is the father-in-law, who had already been arrested by the respondent police.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that there is a matrimonial dispute between the parties and also considering the suicide note that was written by the deceased before committing 2/5
suicide, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is ordered and the petitioners are ordered to be released on anticipatory 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 No.II, Usilampatti, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:
[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [c] the petitioners shall report before the respondent police every Monday and Friday at 05.30 p.m for a period of eight weeks and thereafter, as and when required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
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[e] the petitioners shall not abscond either during investigation or trial; [f] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 21/11/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
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3 THE INSPECTOR OF POLICE, VALANTHOOR POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20237 of 2024 Date :21/11/2024 PSP/ VR /SAR /05.12.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5