Ravi v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12791 of 2020 Ravi ... Petitioner Vs.

The State Rep. by The Inspector of Police, Uthukuli Police Station, Tiruppur District.

(Crime No.1190 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No.1190 of 2020 pending investigation on the file of the respondent Police.

For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 323 and 354 of IPC, in Crime No.1190 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution as per the defacto complainant is that her daughter was married 15 years back and her son-in-law got into illegal intimacy with one Bhuvaneshwari and it was found by her daughter. While so, on 23.07.2020, the husband of the said Bhuvaneshwari came into the house of the defacto complainant and misbehaved with her. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the defacto complainant suspecting that the petitioner's wife was having illicit intimacy with her son-in-law gave a false complaint against him. 4.The learned Additional Public Prosecutor would submit that due to enmity, the petitioner had entered into the house of the defacto complainant and quarrel with her and also exposed his private part. Hence, he vehemently opposed to grant anticipatory bail to the

petitioner.

5.Taking into consideration the facts of the case and submissions made by the learned counsels and perused the FIR, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned District Munsif cum Judicial Magistrate, Uthukuli, on condition that the petitioner 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 petitioner 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 petitioner shall report before the respondent Police every day at 10.30 a.m., until further orders. [c] 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 have 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

7.With the above directions, this Criminal Original Petition is ordered.

-sd/- 02/09/2020 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 DISTRICIT MUNSIF CUM JUDICIAL MAGISTRATE, UTHUKULI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, UTHUKULI POLICE STATION, TIRUPPUR DISTRICT.

CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.12791/2020 Date :02/09/2020 RD 16/09/2020