Vinoth Kumar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.5554 of 2022 Vinoth Kumar .. Petitioner Vs.

State rep. by The Inspector of Police, W-15, All Women Police Station, Royapuram, Chennai - 600 004.

(Crime No. 15 of 2021) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in connection with the Crime No.15 of 2021 on the file of the respondent police. For Petitioner : Mr.S.P.S.Buddhan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 31.01.2022 for the offences punishable under Sections 354 C, 384, 417, 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No.15 of 2021, on the file of the respondent police, seeks bail.

2. From the complaint given by the defacto complainant, it appears that the petitioner and the defacto complainant were in love and later, since the petitioner has demanded some money from the defacto complainant, a complaint has been lodged and registered in Crime No.15 of 2021. The petitioner is in jail since 31.01.2022 and substantial part of investigation is completed.

3. Considering the facts and circumstances of the case, the petitioner is ordered to be released on bail subject to the following conditions;

(a) 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 XVI Metropolitan Magistrate, George Town, Chennai.

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to appear before the Investigating Officer daily at 10.30 a.m. until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Judicial 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];

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 10/03/2022 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 XVI METROPOLITAN MAGISTRATE, GEORGE TOWN, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION0 3 THE INSPECTOR OF POLICE, W-15, ALL WOMEN POLICE STATION, ROYAPURAM, CHENNAI-600 004.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S.S.P.S.BUDDHAN Advocate on payment of necessary charges SR.3691 CRL OP.5554/2022 Date :10/03/2022 RVR 11/03/2022