K. Silambarsan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6534 of 2022 K.Silambarasan ... Petitioner Vs.

State rep. by The Inspector of Police, Kannai Police Station, Villupuram District.

(Crime No.267 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner in Crime No.267 of 2021 on the file of the respondent of Police.

For Petitioner : Mr.E.C.Ramesh For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 10.12.2021 for the offences punishable under Sections 366, 342, 354(A), 114 of IPC read with Section 4 of Women Harassment Act in Crime No.267 of 2021, on the file of the respondent police, seeks bail.

2.Earlier, when the petitioner moved this Court for bail, the same was dismissed recording that before completion of investigation and filing of report, if the bail granted to the petitioner, he may tamper the witness.

3.Today, the learned Additional Public Prosecutor appearing for the respondent states that the investigation is completed and final report has been filed. Recording the same, this Court is of the view

that the bail may be granted to the petitioner. Accordingly, bail is granted to the petitioner and he 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 Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram.

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

-sd/- 22/03/2022 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 SESSIONS JUDGE, MAGALIR NEETHI MANDRAM, (FAST TRACK MAHILA COURT).

VILLUPURAM

2 THE INSPECTOR OF POLICE KANNAI POLICE STATION, VILLUPURAM DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT CENTRAL PRISON, VILLUPURAM 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. E.C. RAMESH Advocate on payment of necessary charges SR.NO.4286 CRL OP.6534/2022 Date :22/03/2022 JPA 22/03/2022