A.Ragu v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2020
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13253 of 2020 1.A.Ragu 2.A.Muragammal 3.A.Anusiya ... Petitioners Vs.
The State Represented by, The Inspector of Police, W-16, All Women Police Station, Pulianthope, Chennai-600 012.
Crime No.9 of 2020.
... Respondent Prayer:
Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of their arrest in Connection with the Crime No.9 of 2020 pending on the file of the respondent police.
For Petitioners : Mr.R.Thanjan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
ORDER
(This case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 417, 376, 109 of IPC in Crime No.9 of 2020, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that A1 had fell in love with the defacto complainant and on false promise, he had physical relationship with the defacto complainant and thereafter, refused to marry her and cheated her. A2 and A3 have threatened and demanded money from the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against them. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would vehemently opposing to grant anticipatory bail stating that A1, who is a bank employee, on the false promise of marring the defacto complainant, had sexual relationship with the defacto complainant and thereafter, cheated her.A2 and A3 are the mother and sister of A1.
5. Taking into consideration the facts and submissions of the learned Counsel and on perusal of the FIR, this Court is not inclined to grant anticipatory bail to A1. Hence, this petition is dismissed in so far as A1 is concerned. As far as A2 &A3 are concerned, this Court is inclined to grant anticipatory bail subject to the following conditions;
6. Accordingly, the petitioners/A2 & A3 are directed to be released on bail in the event of arrest or on their 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 X Metropolitan Magistrate, Egmore, 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/A2 & A3 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/A2 & A3 shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter on every Monday at 10.30 a.m., until further orders.
[c] the petitioners/A2 & A3 shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners/A2 & A3 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.
8. With the above directions, this Criminal Original Petition is ordered.
-sd/- 07/09/2020 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 X METROPOLITAN MAGISTRATE,EGMORE,CHENNAI 2 THE CHIEF JUDICIAL MAGISTRATE EGMORE,CHENNAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, W-16 ALL WOMEN POLICE STATION, PULIANTHOPE, CHENNAI - 600 012.
+1 CC to M/S. R.THANJAN Advocate on payment of necessary charges SR.NO.6284 CRL OP.13253/2020 Date :07/09/2020 GKS:16/09/2020