Anu @ Anub v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2020

CORAM

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P.No.18715 of 2020 Anu @ Anub ..Petitioner Vs.

State rep. By ..Respondent Inspector of Police EthappurPolice Station, Salem, (Crime No.653 of 2020) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.653 of 2020, pending investigation on the file of the respondent.

For Petitioner : Mr.L.Mouli For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(ii) of IPC and under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.653 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is working as coolie and the petitioner had followed her wherever she goes and harassed her, thereby, wordy quarrel arose between them and the petitioner had also threatened her and criminally intimidated her. Hence the complaint. 3.The learned counsel appeairng for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner had harrassed the defacto complainant and threatened her and also criminally intimidated her. He would further submit that there is no injury.

5.Taking into consideration of the facts and circumstances of the case, submissions of the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

6.Accordingly, the petitioner is directed to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.1, Attur, 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 learned Judicial Magistrate No.1, Attur, concerned, failing which, the petition for anticipatory bail shall stand dismissed 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 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

7.With the above directions, this Criminal Original Petition is ordered.

-sd/- 30/11/2020 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, NO.I, ATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE, SALEM [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ETHAPPUR POLICE STATION, SALEM.

+1 CC to M/S.L.MOULI Advocate on payment of necessary charges SR.No 7996 CRL OP.18715/2020 Date :30/11/2020 MN-09/12/2020