Jaisankar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.2431 of 2022 Jaisankar ... Petitioner
Versus
State represented by The Inspector of Police, Indur Police Station, Dharmapuri District.
(Crime No.5 of 2022) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.5 of 2022 pending on the file of the respondent.
For Petitioner : Mr.V.Sakkarapani For Respondent : Mr.N.S.Suganthan, Government Advocate (Crl. Side) *********
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 366(a) of IPC in Crime No.5 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that on 08.02.2022 when the respondent was on duty at that time one Chitra lodged a complaint stating that she is working as a Coolie in Bangalore and she had one son and a daughter namely Sandhiya aged about 17 years and she had completed 12th standard and the defacto complainant considering the safety of her daughter, she left her daughter in her Grandmother's house on 04.01.2022 and the defacto complainant left to Bangalore for work. On 08.01.2022 the defacto complainant's brother informed to the defacto complainant that her daughter was missing from 6.30 a.m
therefore the defacto complainant came from Bangalore and she along with her family members and her relatives searched in many places but they could not trace the defacto complainant's daughter. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the victim girl was secured, she is under the custody of the defacto complainant. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.II, Dharmapuri, 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) 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;
(b) the petitioner shall report before the respondent police on every Monday and Sunday 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 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; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. -sd/- 03/02/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.II, DHARMAPURI.
2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, INDUR POLICE STATION, DHARMAPURI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S V.SAKKARAPANI Advocate on payment of necessary charges SR.NO.1999 CRL OP.2431/2022 Date :03/02/2022 JPA 09/02/2022