S.Arivazhagan v. The Inspector Of Police (Crime)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twelfth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.10999 of 2022 S.ARIVAZHAGAN [ PETITIONER / ACCUSED ] Vs THE STATE [ RESPONDENT ] THE INSPECTOR OF POLICE (CRIME), N-1, ROYAPURAM POLICE STATION, ROYAPURAM,CHENNAI-600013.

(CRIME NO.250 OF 2022) For Petitioner : M/S.K.BOMMURAJ Advocate For Respondent : MR.S.SUGENDRAN,Additional Public Prosecutor For Intervenor : MR.R.C.MANOHARAN, Advocate 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 447, 294(b), 323 and 506(ii) r/w 509 of IPC and Section 4 of Women Harrasment Act in Crime No.250 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint against the petitioner stating that he had trespassed into the house of the defacto complainant along with 2 others and indulged in committing an offence of Women Harassment. It is averred in the petition that due to complaint lodged by the petitioner against the husband of the defacto complainant, the defacto complainant lodged a counter complaint against the petitioner on the same day.

3.The learned counsel appearing for the petitioner submitted that the petitioner belongs to political party and in order to defame the petitioner's reputation, the defacto complainant has lodged a complaint at the instigation of her husband and he is an

innocent person and has not committed any such offences as alleged by the prosecution. He further submitted that he has been falsely implicated in this case. Hence, he pleads for anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner is a periodical offender and he is also involved in a robbery case. Hence he vehemently opposed for granting anticipatory bail to the petitioner.

5. Considering the fact that there was a previous complaint against the husband of the defacto complainant and that no one was injured in the defacto complainant's family and further it is submitted by the learned counsel for the petitioner that there was a motive behind lodging this complaint against the petitioner, 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 fifteen days from the date of receipt of a copy of this order, before the Learned XVI Metropolitan Magistrate, George Town, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(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 their 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;

(c) the petitioner shall report before the respondent as and when required for interrogation;

(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/- 12/05/2022 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 XVI METROPOLITAN MAGISTRATE, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE(CRIME), N-1, ROYAPURAM POLICE STATION, ROYAPURAM, CHENNAI-600 013.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.K.BOMMURAJ Advocate on payment of necessary charges SR.No.7023 CRL OP.10999/2022 Date :12/05/2022 CSK 17/05/2022