P.Selvakumar v. The Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 354 and 506(ii) IPC in Crime No.08 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and her husband were living separately. While that being so, the first accused introduced himself as Music Director to the defacto complainant and used fascinating words, had physical relationship with her. Further, the first accused had taken photos and videos of the defacto complainant during physical relationship with her and without her consent, he had also saved those photos.

3. Thereafter, the first accused by using the said photos, threatened the defacto complainant and forced to have physical relationship with him. Due to the intolerable act of the first accused, the defacto complainant approached the petitioner herein, who is the father of

the first accused, informed the same. Further, the petitioner also threatened the defacto complainant that if the defacto complainant tells about the said incident, her children would be killed. Thereafter, both first accused and the petitioner threatened the defacto complainant that if she refused to have physical relationship with them, the photos and videos taken by the first accused would be uploaded in the Youtube channels. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is the father of the first accused and the defacto complainant demanded huge amount to break the relationship with the first accused and the petitioner is nowhere connected to the allegation made by the defacto complainant. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner along with first accused, without knowledge of the defacto complainant, taken photos and videos and threatened her and had

physical relationship. He further submitted that the first accused and the petitioner also threatened that they will kill the children of the defacto complainant. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case and also taking note of the fact that the petitioner is the father of the first accused and the first accused was already granted bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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 on which the order copy made ready, before the Additional Mahila Court, Metropolitan Magistrate, Egmore, Chennai, 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, 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 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

03.08.2022 ata G.K.ILANTHIRAIYAN, J.

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03.08.2022