Vijayakumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2021
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.19508 of 2020 Vijayakumar .. Petitioner/Accused No.1 Vs.
The State rep. by The Inspector of Police AWPS - Ranipet, Vellore.
Cr.No.17 of 2020 .. Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.17 of 2020, on the file of the respondent police.
For Petitioner : Mr.Ramkumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
(Heard through video conference) The petitioner, who apprehends arrest for the alleged offences under Sections 498(A), 417, 495 and 496 of IPC, in Crime No.17 of 2020, on the file of the respondent/Police, seeks anticipatory bail. 2.The petitioner is the husband. The allegation is that that the marriage between the petitioner and the defacto complainant took place in the year 2009. Thereafter, due to family dispute, the petitioner along with his mother and sister-in-law harassed the defacto complainant. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the
petitioner is an innocent person and no way connected with this crime and he has been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor would submit that due to family dispute, the petitioner along with his mother and sister-inlaw have harassed the defacto complainant, due to which the defacto complainant was driven her out of the matrimonial home. However, he opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 learned Judicial Magistrate, Ranipet, 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 this petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix his 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.
[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.
-sd/- 19/01/2021 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 INSPECTOR OF POLICE, AWPS -RANIPET, VELLORE.
2.THE JUDICIAL MAGISTRATE , RANIPET.
3.THE CHIEF JUDICIAL MAGISTRATE, VELLORE DIST. [FOR INFORMATION] 4.THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.RAMKUMAR Advocate on payment of necessary charges CRL OP.19508/2020 Date :19/01/2021 ksm01/02/2021