N.Jeeva v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16..02..2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.2731 of 2021 N.Jeeva ... Petitioner Vs.

The State Rep. by ... Respondent The Inspector of Police, Thiruthuraipoondi Police Station, Tiruvarur District.

[Crime No.69 of 2020] PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No. 69 of 2020 pending investigation on the file of the Respondent.

For Petitioner : Mr.N.Palanivel For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest in connection with the case in Crime No.69 of 2020 on the file of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 352 of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, is before this court seeking anticipatory bail.

2. I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and also perused the records carefully.

3. There are totally three accused. The petitioner has been arrayed as A1 and he is none other than the brother in law of the de facto complainant. The allegation is that they had mortgaged a joint family property without the consent of the co-sharers.

4. Considering the the fact it is only a family dispute and purely civil in nature, this Court is inclined to grant anticipatory

bail to the petitioner subject to the following conditions :- a) 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruthuraipoondi, on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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: [b] 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 petitioner shall appear before the respondent police as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

5. With the above directions, this Criminal Original Petition is ordered.

-sd/- 16/02/2021 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, TIRUTHURAIPOONDI, TIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUTHURAIPOONDI, TIRUVARUR DISTRICT.

[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUTHURAIPOONDI POLICE STATION, TIRUVARUR DISTRICT.

+1 CC to M/S.N.PALANIVEL Advocate on payment of necessary charges SR.NO.1707.

CRL OP.2731/2021 Date :16/02/2021 EP-24/02/2021