P.Jones v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Sixteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16776 of 2021 1 P.JONES [ PETITIONERS / ACCUSED ] 2 P.MEERA JONES Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TAMBARAM ALL WOMEN POLICE STATION, CHENNAI (CRIME NO.18/2021) For Petitioner : M/S V.S.SENTHILKUMAR 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 petitioners, who apprehend arrest for the alleged offence punishable under Sections 417 and 376 of IPC in Crime No.18 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that A1 in this case fell in love with the defacto complainant and thereafter under the guise of marrying her he had sexual intercourse with the defacto complainant. Subsequently the petitioner refused to marry the victim girl and A1 also received a sum of Rs.1,00,000/- from her and cheated her and also uploaded a photos of the defacto complainant in the social media. Hence, the complaint was registered.
3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He
further submits that the petitioners are parents of A1 and there is no proof available for implicating A1 along with the defacto complainant. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that no photos are available to establish the relationship of A1 with the defacto complainant.
5.Considering the facts and circumstances of the case and also the submissions on either side, this court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tambaram on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten thousand Only) each, 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 petitioners 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioners 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 petitioners 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/- 16/09/2021 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.
TO 1 THE JUDICIAL MAGISTRATE, TAMBARAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, TAMBARAM ALL WOMEN POLICE STATION, CHENNAI.
+1 CC to M/S V.S.SENTHILKUMAR Advocate on payment of necessary charges SR.NO.10252 CRL OP.16776/2021 Date :16/09/2021 RW 01/10/2021