Vasu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2021

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.OP.No.9710 of 2021 1.Uma ... Petitioners 2.Vasu 3.Mariyappan 4.Vijay Vs.

State rep.by ... Respondent The Inspector of Police All Women Police Station, Uthukkottai, Thiruvallur District, (Crime No.5 of 2021).

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in connection with in Crime No.5 of 2021 on the file of the respondent police.

For Petitioners : Mr.R.Sasikumar For Respondent : Mr.A. Damodaran Government Advocate (Crl. side)

ORDER

(This case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 376, 417 and 506(i) of IPC on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that A1 viz., Raji had love affair with the defacto complainant and had sexual relationship and refused to marry her. The petitioners are father, mother and relative of A1 and they have supported A1 in not conducting the marriage. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are father, mother and relative of A1 and A1 was arrested and released on bail and the defacto complainant lodged this false complaint against the first accused and these petitioners and further submitted that the petitioners have never

committed any offence as alleged and a false case has been foisted against them and prays to grant Anticipatory bail to the petitioners.

4. The learned Government Advocate appearing for the respondent would submit that A1 had sexual relationship with the defacto complainant and refused to marry her. The petitioners have also supported A1 and that no previous case is pending against the petitioners. A1 was arrested and released on bail.

5. Considering the above facts and circumstances of the case and the fact that there is no previous case against the petitioners and that A1, who was arrested and remanded to Judicial custody, has also been released on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of four weeks from the date of normal functioning of the Court below, (i.e.,) before the learned Judicial Magistrate No.II, Thiruvallur, on condition that each of the petitioners shall execute a separate 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 petitioners 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 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].

[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, NO.II, THIRUVALLUR.

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

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UTHUKOTTAI, THIRUVALLUR DISTRICT.

CC to M/S R.SASIKUMAR Advocate on payment of necessary charges CRL OP.9710/2021 Date :27/05/2021 TA-08/07/2021