Manohar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA Manohar Petitioner(s) Vs The State of Tamilnadu, Represented by the Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

(Crime No.120 of 2024) Respondent(s) For Petitioner(s): Mr.K. Selvaraj For Respondent(s): Mr.S.Santhosh, Government Advocate,(Crl.side)

ORDER

Apprehending arrest in connection with Crime No.120 of 2024 registered for the offences punishable under Sections 498(A) ad 417 of the Indian Penal Code, 1860(I.P.C.), the present petition has been filed seeking anticipatory bail.

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2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that due to matrimonial dispute, a false case has been foisted against the petitioner. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. 3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, submitted that the petitioner married another woman while his first marriage solminzed on 22.01.2023, was still subsisting. There is no previous case pending against the petitioner.

4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, and also considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a Page No.2 of 5

period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Hosur, 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 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 petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the respondent Police daily at 10:30 A.M., for a period of three weeks and thereafter, every Saturday at 10:30 A.M., until further orders;

[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 was 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 Page No.3 of 5

Kerala [(2005)AIR SCW 5560];

[f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

23-01-2025 klt To

1. The State of Tamilnadu, Represented by the Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

(Crime No.120 of 2024) Page No.4 of 5

A.D. JAGADISH CHANDIRA, J.

klt CRL OP NO.433 of 2025 23.01.2025 Page No.5 of 5