Raja Sekaran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.12596 of 2021 1.Raja Sekaran 2.Rengasamy 3.Ramayee 4.Murugesan 5.Marimuthu @ Mariammal 6.Perumal 7.Suganiya 8.Kasirajan ... Petitioners Vs.
The State represented by Inspector of Police, All Women Police Station, Rasipuram.
(Crime No.8 of 2021) ... Respondent Prayer:
Petition filed under Section 438 of Cr.P.C., seeking to enlarge the petitioners on bail in the event of arrest in connection with Crime No.8 of 2021, pending investigation, on the file of Inspector of Police, All Women Police Station, Rasipuram, the respondent herein.
For Petitioners : Mr.R.Sankarasubbu For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 498A, 323, 494 of I.P.C. and 506(ii) of I.P.C. and read with Section 4 of Women Harassment Act in Cr.No.8 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that while the first marriage is in existence, A1 married A5. The petitioners are arrayed as A1 to A8 in the case.
3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and that they have been falsely implicated in the case.
4.Heard the submissions made by the learned Government Advocate (Criminal Side).
5.Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to A1 and A5/ petitioners 1 and 5 and this Court is inclined to grant anticipatory bail to petitioners 2 to 4 and 6 to 8.
6.Accordingly, this criminal original petition is dismissed as against petitioners 1 and 5. Petitioners 2 to 4 and 6 to 8 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Rasipuram, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 and on further condition that:
(a)the petitioners 2 to 4 and 6 to 8 and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners 2 to 4 and 6 to 8 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 petitioners 2 to 4 and 6 to 8 shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners 2 to 4 and 6 to 8 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 2 to 4 and 6 to 8 in accordance with law as if the conditions have been imposed and the petitioners 2 to 4 and 6 to 8 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 22/07/2021 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, RASIPURAM 2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RASIPURAM, NAMAKKAL.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S R.SANKARASUBBU Advocate on payment of necessary charges CRL OP.12596/2021 Date :22/07/2021 APN 27/07/2021