Stalin v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12954 of 2022 STALIN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, AWPS SIRKAZHI POLICE STATION, MAYILADUTHURAI DISTRICT.

CRIME NO.29 OF 2021.

For Petitioner : M/S. A.RAMESH Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest for the alleged offences punishable under Sections 493, 506(ii) of IPC in Crime No. 29 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner got engaged with the defacto complainant. Thereafter, they had physical relationship. Subsequently, the petitioner refused to marry the defacto complainant. Therefore, the defacto complainant consumed poison. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he is ready to abide by any stringent condition that may be imposed on him. Therefore, he prays for grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner got engaged with the defacto complainant and had physical relationship. Subsequently, he refused to marry the defacto complainant. Therefore, she consumed poison and thereafter, she was admitted in the hospital and later discharged. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Taking into consideration the facts of the case and the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is directed to pay a sum of Rs.

75,000/- (Rupees Seventy Five Thousand only) to the defacto complainant and on such payment, 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 on which the order copy is made ready, before the learned Judicial Magistrate, Sirkazhi, Mayiladuthurai District, on condition that the petitioner shall execute a bond for a sum of Rs.

[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 pay a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the defacto complainant. [c] the petitioner 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.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 24/06/2022 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, SIRKAZHI, MAYILADUTHURAI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM DISTRICT. [FOR INFORMATION] 3 INSPECTOR OF POLICE, AWPS SIRKAZHI POLICE STATION, MAYILADUTHURAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, SOCIAL WELFARE COMMITTEE, NAGAPATTINAM DISTRICT.

+1 CC to M/S. A.RAMESH Advocate on payment of necessary charges SR.NO. 9998 CRL OP.12954/2022 Date :24/06/2022 RW-30/06/2022