Jagan @ Elumalai v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.10653 of 2022 1 JAGAN @ ELUMALAI [ PETITIONERS / ACCUSED ] 2 MAGESHKUMAR Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, PERIYATHATCHUR POLICE STATION, VILLUPURAM DISTRICT (CRIME NO.73 OF 2022) For Petitioners : M/S G.MOHAMMED ASEEF Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) of IPC, r/w Section 4 of TN Prohibition of Harassment of Women Act in Crime No. 73 of 2022, seek anticipatory bail.
2. The case of the prosecution is that A2 is the husband of the defacto complainant, A1 is her brother in law, A3 and A4 are her father and mother-in-laws. On 10.10.2021, A1 hiding in the defacto complainant's room and took photographs while she changed her dress. Then, he blackmailed her with the above said photographs, when she informed the same to her in-laws, they scolded and harassed her. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioners are an innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners
4. The learned Government Advocate (Crl.side) would submit that the A1 took photographs of the defacto complainant while she changed her dress and black mailed her. He would further submit that the A3 and A4 released on bail. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the above fact and circumstances of the case and also considering the fact that there is a family dispute between the petitioners and the defacto complainant, 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 fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate - II, Tindivanam, on condition that 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/- 06/06/2022 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.II, TINDIVANAM.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERIYATHATCHUR POLICE STATION, VILLUPURAM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S G.MOHAMMED ASEEF Advocate on payment of necessary charges SR.NO.8521 CRL OP.10653/2022 Date :06/06/2022 JPA 09/06/2022