M.Arulkumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7843 of 2022 M.ARULKUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, JAYANKONDAM, ARIYALUR DISTRICT.

CRIME NO.19 of 2020 For Petitioner : M/S.K.GANDHIKUMAR 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, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 494, 294(b), 506(ii) & 109 of IPC, in Crime No. 19 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein apprehending arrest on the complaint given by his wife alleging that while the first marriage is in subsistence, he has married another girl Saranya and begotten one child seeks anticipatory bail on the complaint dated 28.09.2020.

3. The petitioner herein is serving in Indian Army. The respondent police has collected all the evidence relevant to the complaint. In view of the said fact, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

4. 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 No.II, Jayankondam on condition that the petitioner shall execute a separate 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 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 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)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/- 05/04/2022 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 JUDICIAL MAGISTRATE, NO.II, JAYANKONDAM.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, JAYANKONDAM, ARIYALUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.K.GANDHIKUMAR Advocate on payment of necessary charges SR.NO.5189 CRL OP.7843/2022 Date :05/04/2022 JPA 07/04/2022