Suresh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.05.2021

CORAM:

THE HON'BLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.No.9412 of 2021 1.Suresh ... Petitioners 2.Kavitha Vs.

The State Rep. By ... Respondent Inspector of Police, Pallikonda Police Station.

Crime No.133 of 2021 PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C, to grant anticipatory bail to the petitioner in the event of their arrest in Crime No.133 of 2021 on the file of respondent police.

For Petitioner : Mr.K.Manikandan For Respondent : Mr.J.C.Durairaj Government Advocate (Crl. Side)

ORDER

The petitioners/Accused 1 & 2, who apprehend arrest at the hands of the respondent police for an offence punishable under Sections 294(b), 323, 324, 448, 506(ii) of IPC r/w. Section 4 of Women Harassment Act, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners abused the defacto complainant in a filthy language. Based on the complaint given by the defacto complainant, the respondent police registered an FIR.

3.

The learned counsel for the petitioners submits that a false complaint has been given against these petitioners and they are not connected with the crime as alleged by the prosecution. 4.

The learned Government Advocate (Criminal Side) would submit that the petitioners and the defacto complainant are relatives and there is no previous case pending against these petitioners.

5.

This Court considered the submissions made by the learned counsel for all the parties concerned and also perused the FIR. 6.

The Supreme Court has laid down the law regarding grant of anticipatory bail in the case of Gurbaksh Singh Vs. State (AIR 1980 SC 1632) and considering the fact that the custodial interrogation of the petitioners are not necessary and the fact that there is no apprehension that the petitioners may abscond, the petitioners are granted anticipatory bail in the event of arrest or on their appearance, before the learned Judicial Magistrate-V, Vellore, on condition that the petitioner shall execute own bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, within a period of one month from the date of normal functioning of the Court below, and further condition that:

[a] the petitioners shall make himself available for interrogation by a police officer as and when required; [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[c] the petitioners shall not leave India without the previous permission of the Court;

[d] the petitioners shall appear before the Court below, whenever required.

[e] the petitioners shall affix his photograph and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his/her identity. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[g] 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/05/2021 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.V, VELLORE.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, PALLIKONDA POLICE STATION.

CC to M/S K.MANIKANDAN Advocate on payment of necessary charges CRL OP.9412/2021 Date :19/05/2021 TA-09/07/2021