T.Kaliraj v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2021

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.9653 of 2021 T.Kaliraj ... Petitioner Vs.

State Rep. by The Inspector of Police, Omerabad Police Station, Tirupathur District.

Crime No.170 of 2021.

... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.170 of 2021 on the file of the respondent police. For Petitioner: M/s.S.P.Arthi For Respondent: Mr.A.Damodaran Government Advocate(Crl side)

O R D E R

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 506(ii), 354(A), 354(D) of Indian Penal Code and section 4 of Women Harassment Act, in Crime No.170 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner repeatedly harassed the defacto complainant and while the same was questioned, there was a wordy quarrel arose between them. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate appearing for the respondent would submit that due to previous enmity, wordy quarrel arose between the parties. Further he submitted that two previous cases are pending between the parties. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case and considering the fact that both the parties are neighbours, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of four weeks from the date of normal functioning of the Court below, (i.e.,) before the learned Judicial Magistrate, Ambur, Tirupathur District., on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

-sd/- 27/05/2021 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, AMBUR, TIRUPATHUR DISTRICT.

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

4 INSPECTOR OF POLICE, OMERABAD POLICE STATION, TIRUPATHUR DISTRICT.

CC to M/S.S.P.ARTHI Advocate on payment of necessary charges CRL OP.9653/2021 Date :27/05/2021 RVR 05/07/2021