C.Thanikachalam v. The Inspector Of Police

Crl.O.P.No.12642 of 2015 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 376, 294(b), 354 and 506(i) I.P.C. in Crime No.11 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail. 2.

The case of the prosecution is that the 1st petitioner and defacto complainant were in love with each other. In the circumstances, the 1st petitioner, on false promise that he would marry her, had physical relationship with her and subsequently refused to marry her. The other petitioners, who are relatives of the 1st petitioner are alleged to have abused the defacto complainant in filthy language and criminally intimidated her. 3.

Learned counsel for the petitioners submitted that the petitioners are innocent and ignorant of the prosecution case. 4.

Learned Government Advocate (Crl.side) submitted that in respect of 1st petitioner, he has committed offence under Section 376 of IPC and the other petitioners, who are the relatives of 1st petitioner have criminally intimidated the defacto complainant. 5.

Considering the facts and circumstances of the case and taking note of the fact that serious allegations have been made against A1, this court is inclined to grant anticipatory bail to petitioners 2 to 6 alone and not inclined to grant anticipatory bail to 1st petitioner/A1. Accordingly, the petitioners 2 to 6 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Virudhachalam on condition that each of the petitioners 2 to 6 executes a S.VAIDYANATHAN,J.

msr 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:

[a] the petitioners 2, 4, 5 and 6 shall report before the respondent police daily at 10.30 a.m. for a period of one week and thereafter as and when required for interrogation; the 3rd petitioner shall report before the respondent police as and when required for interrogation;

[b] the petitioners 2 to 6 shall not tamper with evidence or witness either during investigation or trial;

[c] the petitioners 2 to 6 shall not abscond either during investigation or trial;

[d] on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 2 to 6 in accordance with law, as if the conditions have been imposed and the petitioners 2 to 6 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].

20.06.2016 msr Crl.O.P.No.12642 of 2015