Anand Baskaran v. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7199 of 2022 ANAND BASKARAN [ PETITIONER / ACCUSED ] Vs THE STATION HOUSE OFFICER [ RESPONDENT ] NELLIKUPPAM POLICE STATION, CUDDALORE DISTRICT.

(CRIME NO.220/2022) For Petitioner : MR.JOHN SATHYAN for M/S.KARAN AND UDAY 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 herein apprehending arrest, for the alleged offences punishable under Sections 294(b), 506(i), 354 D(1)(i) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 in Crime No.220 of 2022, based on the complaint given by one Sofiya Rajakumari is before this Court seeking anticipatory bail.

2. Perused the Case Diary file and the statements of the witnesses recorded by the respondent. The Case Diary file indicates that since the Management thought fit to transfer the defacto complainant for her immoral attitude, this complaint has been filed against the petitioner, who is the Head Master of the school.

3. In view of the same, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 Additional Mahila Court, Cuddalore District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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;

(c) the petitioner shall report before the respondent police as and when required;

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

-sd/- 29/03/2022 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 ADDITIONAL MAHILA COURT, CUDDALORE DISTRICT.

2 THE STATION HOUSE OFFICER NELLIKUPPAM POLICE STATION, CUDDALORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2CC to M/S.KARAN AND UDAY Advocate on payment of necessary charges SR.No.4742 CRL OP.7199/2022 Date :29/03/2022 CSK 31/03/2022