Mahendran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty First day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8969 of 2022 MAHENDRAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS NEYVELI POLICE STATION, CUDDALORE DISTRICT (CRIME NO.9/2022) For Petitioner : M/S.K.KARUPPAIYAMOOPPANAR 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, who apprehends arrest for the alleged offence under Sections 406, 417 and 506(ii) I.P.C. in Crime No.9 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side).

3. According to the F.I.R., the defacto complainant, who is a Widow, had developed intimacy with the petitioner herein based on the promise made by him that he will marry her. However, it is now alleged that the petitioner has gone back from his word, breached the promise and cheated the defacto complainant.

4. Considering the nature of allegation made against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Neyveli, 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 conditions that:

(a) the petitioner and the sureties shall affix his 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;

(b)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(c)the petitioner shall report before the Investigating Officer as and when required;

(d)the petitioner shall not abscond either during investigation or trial;

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

-sd/- 21/04/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEYVELI.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, AWPS NEYVELI POLICE STATION, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.KARUPPAIYAMOOPPANAR Advocate on payment of necessary charges CRL OP.8969/2022 Date :21/04/2022 CSK 28/04/2022