Ravikumar v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12981 of 2022 1 RAVIKUMAR [ PETITIONERS / ACCUSED ] 2 VENKATACHALAM 3 PARIMALA Vs STATE BY INSPECTOR OF POLICE [ RESPONDENT ] C-2 RACE COURSE POLICE STATION, COIMBATORE DISTRICT.

(CRIME NO.202 OF 2022) For Petitioners : M/S.M.MATHAN RAJ Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 417, 506 (i) of I.P.C. and 4 of TNPHW (Tamil Nadu Prohibition of Harassment of Woman Act, 1998) in Crime No.202 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the Defacto complainant and the first petitioner loved each other. The first petitioner promised to marry the defacto complainant and had sexual relationship with her. On 28.03.2022, without their parents consent, the first petitioner married the defacto complainant. It is also alleged that, marriage was fixed between the first petitioner and another women on 01.06.2022 and when the same was questioned by the defacto complainant, the petitioners abused her and threatened her with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners would submit that though the first petitioner is ready and willing to marry the defacto complainant, she is not ready and willing to marry the first petitioner. Therefore, he prays to grant anticipatory bail to the petitioner.

4. Considering the above facts and circumstances of the case and also the nature of allegations, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 5.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Additional Mahila Court, Coimbatore, on condition that each of the petitioners shall execute a 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 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 first petitioner alone shall report before the respondent police daily morning at 10.30 a.m. and evening at 5.00 p.m. for a period of four weeks and thereafter as and when required for interrogation; the second and third petitioner shall report the respondent police as and when required.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 08/06/2022 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 ADDITIONAL MAHILA COURT COIMBATORE 2 THE INSPECTOR OF POLICE C-2 RACE COURSE POLICE STATION, COIMBATORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.MATHAN RAJ Advocate on payment of necessary charges SR.NO.8894 CRL OP.12981/2022 Date :08/06/2022 JPA 13/06/2022