R Ganesh v. Home, Prohibition And Excise Department

T.V.THAMIILSELVI, J., The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 354(A), 354(D), 506(1) of IPC and Section 4 of TNPWH Act, in Crime No.4 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner followed the defacto complainant by fixing GPS in her car and tracking her day to day activities and also harassed her by sending messages. Hence the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that he has been falsely implicated in this case as if, he used to follow the defacto complainant by fixing GPS in her car and tracking her day to day activities and further, he also harassed her by sending messages. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the defacto complainant is a cine actress with whom, he developed intimacy and thereafter, he used to abused her sexually and also followed her by fixing GPS in her car. He further submits that now the GPS has been removed from the car even then, he used to send messages. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the both counsel and also considering the fact that he is ready to abide by any stringent condition, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on

anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Poonamallee, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, [out of which, one must be a blood related surety] 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 shall file an affidavit before the Trial Court that he shall not have any communications with the defacto complainant, to whom, in any other mode and also not to follow her day to day activities;

[b] 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; [c] the petitioner shall report before the

respondent police, on every Tuesday and Sunday at 5.00 p.m., for a period of four months 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 has been imposed and the petitioner is released on anticipatory 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;

21.06.2024 ssi

T.V.THAMIILSELVI, J., ssi 21.06.2024