K.Ilanchezhian v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRIMINAL ORIGINAL PETITION No.13075 of 2022 K.ILANCHEZHIAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, J-13, TARAMANI POLICE STATION, ADYAR, CHENNAI.

(CRIME NO.165/2022) For Petitioner : M/S G.R.HARI Advocate For Respondent : M/S.A.GOKULAKRISHNAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, in Crime No.165 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the complainant, being the Director of an institution named "National Institute of Fashion Technology" had lodged a complaint against his subordinate, who is in the position of a Senior Assistant Director for harassment of Woman in workplace. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offences as alleged by the prosecution. There was a conflict between the petitioner and defacto complainant, due to which a false complaint has been given against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Prosecutor appearing for the respondent submitted that the petitioner has harassed the defacto complainant in the workplace. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Taking into consideration the facts and circumstances of the case and considering the fact that there was a conflict between the petitioner and the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned 18th Metropolitan Magistrate, Saidapet, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police as and when required for interrogation.

[c]the petitioner shall not tamper with the 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 01/06/2022 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 METROPOLITAN MAGISTRATE, NO.18, SAIDAPET, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, J-13, TARAMANI POLICE STATION, ADYAR, CHENNAI.

+2 CC to M/S G.R.HARI Advocate on payment of necessary charges SR.NO.8379 CRL OP.13075/2022 Date :01/06/2022 TA-06/06/2022