Elayaraja v. State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 366, 376(1) & 506(i) of IPC R/w under Section 67 of Information Technology Act 2000 in Crime No.07 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein threatened the de-facto complainant by using their joint photo with malafide intention. Hence, the complaint.

3. It is seen from the First Information Report, the victim is also a married woman. She had illegal intimacy with the petitioner. On the request of the petitioner, she had sent her half nude photographs. Thereafter, they had physical relationship and now lodged a complaint.

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

conditions.

5. 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 Additional Mahila Court, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood related 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 four 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.

07.07.2022 mpl

G.K.ILANTHIRAIYAN, J.

mpl 07.07.2022