Vinoth v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twentieth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8959 of 2022 VINOTH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUTHIRAIPOONDI, TIRUVARUR DISTRICT.

CRIME NO. 05 OF 2022.

For Petitioner : M/S. P.MUTHAMIZHSELVAKUMAR Advocate For Respondent : M/S.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 at the hands of the respondent police for the alleged offence punishable under Sections 354 A(1)(i), 354A(1)(ii), 354A(1)(iv), 354A(2), 494(b), 352 & 506(ii) of IPC, in Crime No.5 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein apprehends arrest by the respondent Police based on the complaint given by one Sangeetha alleging that the petitioner exploited her loneliness and poverty has been cohabited with her and a child was born to him, later he has married another lady. However from the complaint it appears that the de facto complainant is already married lady and she claims that she had illicit intimacy with the petitioner even while her husband was alive and gave birth to her child.

3. The learned counsel for the petitioner states that since the petitioner has given a complaint as against a practicing advocate, he has motivated the de facto complainant to give a false complaint against the petitioner.

4. Considering the averments made in the First Information Report and the birth certificate of the 2nd child of the de facto complainant dated 07.11.2018, wherein, the de facto complainant has shown her husband Anbazhagan is the father of the child, 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 Judicial Magistrate Court, Thiruthuraipoondi, on condition that the petitioner shall execute a bond for a sum of Rs.

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

(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/- 20/04/2022 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, THIRUTHURAIPOONDI.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges SR.NO. 5964 CRL OP.8959/2022 Date :20/04/2022 RW 27/04/2022