Kalil Raguman v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Thirteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16741 of 2021 KALIL RAGUMAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUPPUR SOUTH POLICE STATION, TIRUPPUR CITY.
(CR NO.1689/2021) For Petitioner : M/S.J.FRANKLIN Advocate For Respondent : MR.A.GOPINATH, 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 offences under Sections 294(b), 354A (1)(i), 323 & 506(ii) of IPC R/W Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Cr.No.1689 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioner misbehaved with the defacto complainant and threatened through phone call. Hence, the defacto complainant lodged a complaint against the petitioner. Thereby, the law enforcing agency registered a case against the petitioner.
3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl side) submits that the petitioner misbehaved with the defacto complainant and threatened her through phone call. Hence, he opposed for granting anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and considering the allegation level against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6.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 days from the date of receipt of a copy of this order, before the learned (*)Judicial Magistrate Court No.II, Tiruppur, 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;
(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 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.
-sd/- 13/09/2021 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.
(*)Amended as per order of this court dated 08.10.2021 made in CRL.MP.NO.10481 of 2021 in CRL.OP.NO.16741 of 2021. TO (*)1.THE JUDICIAL MAGISTRATE NO.II, TIRUPPUR.
2 THE JUDICIAL MAGISTRATE, ATTUR.
3 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 4 THE INSPECTOR OF POLICE, TIRUPPUR SOUTH POLICE STATION, TIRUPPUR CITY.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.J.FRANKLIN Advocate on payment of necessary charges CRL OP.16741/2021 Date :13/09/2021 CSK 27/09/2021 CSK 29/10/2021