Sivakumar 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 294(b), 323, 354A, 417, 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002, in Crime No.9 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that she was a tenant under the father of the petitioner. After sometime, the petitioner fell in love with the defacto complainant and on false promise, he had physical relationship with the defacto complainant and thereafter, refused to marry her and cheated her. Further, it is alleged that he has demanded money from the defacto complainant. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely

implicated in this case. He would further submit that there was a physical relationship and it has been done with the consent of the defacto complainant. Hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor would submit that the defacto complainant and the petitioner loved each other. Subsequently, the petitioner refused to marry the defacto complainant. When she questioned about the same, the petitioner along with his mother and daughter have threatened her. However, he opposed for grant of anticipatory bail to the petitioner.

5. .Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

6. 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

Metropolitan Magistrate No.XV, George Town, Chennai, on condition that the petitioner 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 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.

7. With the above directions, this Criminal Original Petition is ordered.

07.07.2022 G.K.ILANTHIRAIYAN, J.

drl 07.07.2022