Madras High CourtCRL OP/13361/2022granted

Y.Dinesh v. State Rep By

2022-06-10Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Tenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13361 of 2022 Y.DINESH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, CHENNAI CRIME NO.35 OF 2021.

For Petitioner : M/S.K.CHANDRU 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 petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417, 420, 506(i), 294(b) IPC read with 3(1) and 4 of TNPHW Act, in Crime No.35 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a divorcee and having a female child. The petitioner under the guise of marrying the defacto complainant, had affair with her and later refused to marry her. When the same was questioned, the petitioner threatened her to kill her, her mother and daughter. He also threatened her to return the photographs taken with him failing which, he would lodge a prostitution case against her. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner fell in love with the defacto complainant who is a divorcee. Thereafter, the defacto complainant fell in love with another person as such she avoided the petitioner and now there is no relationship between the petitioner and the defacto complainant.

Further, now the defacto complainant does not want to speak to the petitioner. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner under the guise of marrying the defacto complainant, had affair with her and later refused to marry her. When she questioned the same, the petitioner gave her life threat and to lodge a prostitution case against her. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

Accordingly, 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 made ready, before the learned Judicial Magistrate-II, Ponneri, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood 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 daily at 10.30 a.m, for a period of two weeks and thereafter as and when required for interrogation.

[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.

-sd/- 10/06/2022 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, NO.II, PONNERI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.K.CHANDRU Advocate on payment of necessary charges SR.NO.8829 CRL OP.13361/2022 Date :10/06/2022 JPA 16/06/2022