Ganeshbabu v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.01.2021 CORAM :
THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.16586 of 2020
1. Ganesh Babu
2. Pachaiyappan
3. Jayabarathi ... Petitioners Vs.
State by:
Inspector of Police, AWPS, Ranipet, Ranipet District.
(Crime No.18 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the Petitioner on bail in the event of their arrest by the respondent police in Crime No. 18 of 2020 pending on the file of the Inspector of Police, AWPS, Ranipet, Ranipet District or on their appearance before the Court. For Petitioners : Mr.N.Sudharsan For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioners, who apprehend arrest for the alleged offence under Section 323 of IPC and Section 4 of Women Harassment Act and Section 4 of D.P. Act, in Crime No.18 of 2020, on the file of the respondent Police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners attacked the defacto complainant, wife of 1st petitioner and demanded more dowry. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and no way connected with this crime and he has been falsely implicated in this case. He would further submit that the defacto complainant undertakes to withdraw the case. Hence, he prays for anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor would submit that the petitioner had assaulted the defacto complainant, due to which, demanded more dowry.
5.Considering the facts and circumstances of the case, due to some family dispute the complaint has been filed, 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, Arakonam, Ranipet District, 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 this petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix his 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/- 06/01/2021 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, ARAKKONAM, RANIPET DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION[ 3 THE INSPECTOR OF POLICE, AWPS, RANIPET, RANIPET DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. N.SUDHARSAN Advocate on payment of necessary charges CRL OP.16586/2020 Date :06/01/2021 cs 01/02/2021