BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13490 of 2011 1 KANIYAMMAL 2 SARAL GNANATHANGAM 3 GEETHA RANI ... PETITIONERS/ACCUSED NOS.1 TO 3 Vs STATE REP BY THE INSPECTOR OF POLICE SENTHAMARAM POLICE STATION, TIRUNELVELI DISTRICT. CR.NO.365 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner :Mr.V.KATHIRVELLU, SENIOR COUNCIL FOR M/S. S.RAGAVENTHRE Advocate For Respondent :Mr.K.S.DURAI PANDY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest, the petitioners, in Crime No.365 of 2011 on the file of the respondent Police for the alleged offences punishable under Section 174 of Cr.P.C. and later on altered into 306 of the Indian Penal Code, have come forward with this Petition seeking for anticipatory bail. 2.According to the case of the prosecution, the deceased was a student studying in Santhaman Higher Secondary School and the petitioners are working as teachers in the said school. It is alleged that the deceased was ill-treated by these petitioners. 3.Learned Senior Counsel appearing for the petitioners would strongtly denied the above said allegations. According to him, there was no motive for these teachers to instigate the deceased to commit suicide. 4.In my considered opinion, I find prima facie that the petitioners are entitled for anticipatory bail for the simple reason that being teachers, the petitioners would not have any motive to drive the deceased to commit suicicde since the https://hcservices.ecourts.gov.in/hcservices/ mensiria is absent absolutely. As held by the Hon'ble Supreme Court, on several occasions, unless it is prima facie shown that the accused had an animus to drive the decesed to commit suicide, the question of invoking Section 306 of IPC will not arise. 5.Having regard to the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be relesed on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Tenkasi, on each of them executing 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police every day at 06.00 p.m. For a period of two weeks. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. sd/- 10/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE TENKASI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE SENTHAMARAM POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S. S.RAGAVENTHRE Advocate SR.No.34996 rl/6c – 12.10.2011 ORDER IN CRL OP(MD) No.13490 of 2011 Date :10/10/2011 https://hcservices.ecourts.gov.in/hcservices/