Murgesan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5024 of 2022 MURGESAN [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, TIRUVALLUR TALUK POLICE STATION, VELLORE DISTRICT.

CRIME NO.489 OF 2021.

For Petitioner : M/S.M.SATHISH KUMAR Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 341, 294(b), 323, 506(i) of IPC r/w Section 4 of Women Harassment Act, in Crime No.489 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.

The First Information Report registered by the respondent police indicates that due to previous enmity, the petitioner way laid the defacto complainant and abused her in filthy language and also threatened her with dire consequences. Hence the complaint. 3.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. He further submitted that he has been falsely implicated in this case. Hence, he prays for grant anticipatory bail to the petitioner.

4.

Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent police. 5.

Considering the averments made in the complaint and the submissions made by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate I, Tiruvallur, Tiruvallur District, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand Only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled and on further condition that:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall stay at Kancheepuram and report before the Inspector of Police, Kancheepuram Town Police Station, daily at 10.00 a.m., for a period of thirty (30) days and thereafter as and when required for interrogation.

(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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 03/03/2022 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.I, TIRUVALLUR, TIRUVALLUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, TIRUVALLUR TALUK POLICE STATION, VELLORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, KANCHEEPURAM TOWN POLICE STATION, KANCHEEPURAM.

+1 CC to M/S.M.SATHISH KUMAR Advocate on payment of necessary charges SR.NO.3309 CRL OP.5024/2022 Date :03/03/2022 JPA 09/03/2022