Premkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.10936 of 2022 PREMKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NORTH POLICE STATION, (CRIME), TIRUPPUR CITY, TIRUPPUR DISTRICT.

CRIME NO.NOT KNOWN/2022.

For Petitioner : M/S.K.SUDHAKAR Advocate For Respondent : MR.S.SUGENDRAN, Additional public Prosecutor PETITION FOR BAIL ANTICIPATORY 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under sections 294(b), & 506(ii) of IPC in Crime No. not known of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is alleged to have refused to return the Sreedhana articles to his wife . 3.The learned counsel appearing for the petitioner submitted that already, in the year 2020, the defacto complainant has lodged a complaint before the All Women Police Station, Tiruppur as against the petitioner and his mother under Sections 498(A), 417 and 323 IPC and now, final report has also been filed. He further submitted that the petitioner is residing at her parent house from 2014 onwards and the petitioner had also returned entire things to the defacto complainant in January 2022. Hence, he pleads for anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that now, on the complaint, given by one Susi Premkumar, enquiry in CSR.No.401 of 2022, dated 02.05.2022 is pending with the respondent police.

5. Considering the facts and circumstances of the case, 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 Additional Mahila Court, Tiruppur, on condition that the petitioner shall execute own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), 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 shall affix their photograph 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 his identity; (b)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(c)the petitioner shall report before the respondent police 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/- 11/05/2022 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 ADDITIONAL MAHILA COURT TIRUPPUR.

2 THE INSPECTOR OF POLICE, NORTH POLICE STATION, (CRIME), TIRUPPUR CITY, TIRUPPUR DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.K.SUDHAKAR Advocate on payment of necessary charges SR.NO.6930 CRL OP.10936/2022 Date :11/05/2022 JPA 12/05/2022