Madras High CourtCRL OP/10614/2022granted

B.Vivek Naidu v. State By Inspector Of Police

2022-05-06Honourable Mr Justice G. Chandrasekharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G. CHANDRASEKHARAN CRIMINAL ORIGINAL PETITION No.10614 of 2022 B.VIVEK NAIDU [ PETITIONER / ACCUSED ] Vs STATE BY INSPECTOR OF POLICE [ RESPONDENT ] W-35, ALL WOMEN POLICE STATION, TAMBARAM.

Crime No.15 of 2022 For Petitioner : M/S B.KUMAR SENIOR COUNSEL FOR M/S.S.ANBALAGAN Advocate For Respondent : MR.J.SUBBIAH, 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 offences under Sections 417, 420, 294(b) & 506 (i) of IPC in Crime No.15 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. It is a case where it is alleged that first accused and defacto complainant had love affair, followed by intimate relationship between them on the promise given by the first accused to marry the de-facto complainant. Subsequently, it appears that the first accused refused to marry the de-facto complainant. The only allegation made against this petitioner is that he told the de-facto complainant that the first accused is a good person and he wants to marry the de-facto complainant. The other allegation is that when she complained to the petitioner about the refusal of the marriage on the part of the first accused, the petitioner/second accused said to have told that "ehd; Twpago eP bra;jhy; s.re;jPg;ig ,ul;il mh;j;jj;jpy; ngrpdhh;". Except these allegations, nothing is found against this petitioner in the First Information Report. The first accused was already arrested.

3. Learned Counsel for the petitioner submitted that except this petitioner told that the first accused is a good person, nothing incriminating is found in the First Information Report allegations. Petitioner is falsely implicated in this case and thus he prayed for anticipatory bail.

4. Learned Government Advocate (Crl.side) opposed this petition on the ground that investigation is pending.

5. Considering the facts and circumstances of the case, this Court is of the view that nothing incriminating is said against this petitioner in the complaint. It is not clear as to the double meaning words alleged to have spoken by the petitioner. In the facts and circumstances of this case, this Court finds that custodial interrogation of the petitioner is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

6. 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 No.I, Tambaram on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-only (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 condition 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;

(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/- 06/05/2022 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, NO.I, TAMBARAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 INSPECTOR OF POLICE W-35, ALL WOMEN POLICE STATION, TAMBARAM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.ANBALAGAN Advocate on payment of necessary charges Sr.6859 CRL OP.10614/2022 Date :06/05/2022 RVR 16/05/2022