Varun@Vadivel v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15334 of 2021 VARUN @ VADIVEL [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, F-5, (L AND O) CHOOLAIMEDU POLICE STATION, CHENNAI.

CR NO.542/2021.

For Petitioner : M/S.U.YUVARAJ Advocate For Respondent : M/S.C.E.PRATAP, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence punishable under Section 341, 364, 365, 506(i) of IPC in Crime No.542 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a love affair between the petitioner and the defacto complainant relatives daughter viz., Dilshath Begum. While so, the defacto complainant has asked the petitioner to convert him into Muslim, the same was not acceded by the petitioner and in this regard, the defacto complainant has taken steps to marry Dilshath Begum with one Taufiq. Following which, the petitioner has kidnapped the defacto complainant's son and informed his daughter via cell phone to hand over the said Dilshath Begam to his custody in order to release him. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner is no way connected with the offence as alleged by the prosecution and he has been falsely implicated in this case.

He further submits that the petitioner had love affair with one Dilshath Begum who is the relative of the defacto complainant and subsequently due to some misunderstanding between them, they were separated and there was no communication between them. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits there was a love affair between the petitioner and the defacto complainant relatives daughter, the present complaint has been filed. 5.Considering the facts and circumstances of the case and the submissions made by both counsel, this court is inclined to grant anticipatory bail to the petitioner.

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 of receipt of a copy of this order, before the learned XVII Metropolitan Magistrate, Saidapet, Chennai 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 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 Court concerned 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.

(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 petitioners 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/- 26/08/2021 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 METROPOLITAN MAGISTRATE, NO.XVII, SAIDAPET, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, F-5,(L AND O) CHOOLAIMEDU POLICE STATION, CHENNAI.

CC to M/S.U.YUVARAJ Advocate on payment of necessary charges CRL OP.15334/2021 Date :26/08/2021 TA-14/09/2021