S.Harikrishna v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Eleventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7503 of 2022 1 S.HARIKRISHNA [ PETITIONERS / ACCUSED ] 2 R.SUNDARAM 3 S.NIRMALA Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMMAPET, SALEM CITY. SALEM.
(CRIME NO.11 OF 2022) For Petitioner : M/S. S.RAVICHANDRAN 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 petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 417, 420 of IPC in Crime No.11 of 2022, on the file of the respondent police, seek anticipatory bail.
2.These petitioners apprehending arrest by the respondent police , pursuant to the complaint given by one Indhu Priya alleging that the first petitioner promised to marry her and had physical relationship on various dates at various places. Later, in order to marry some other lady and threatened her.
3. On going through the FIR this Court finds that the defacto complainant herself has stated that she was threatened by the second and third petitioner on 30.12.2020 but the complaint was given only on 21.03.2022. The defacto complainant is grown up adult aged about 28 years with M.Tech degree, while so, the allegation that she was cheated by the first petitioner by giving false promise.
5. Considering the facts and circumstances of the case and the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioners.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the Additional Magalir Neethi Mandram (Fast Track Mahila Court), Salem, on condition that the petitioners shall execute separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:
(a) if the petitioners 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 petitioners 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 petitioners shall report before the respondent police as and when required for interrogation;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners 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 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 (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 11/04/2022 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 MAGALIR NEETHI MANDRAM(FAST TRACK MAHILA COURT), SALEM.
2 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMMAPET, SALEM CITY. SALEM.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. S.RAVICHANDRAN Advocate on payment of necessary charges SR.5549 CRL OP.7503/2022 Date :11/04/2022 RVR 18/04/2022