K.Kirubakaran, M/A 40 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.14560 of 2018 K.KIRUBAKARAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE STATION, SALEM DISTRICT CR.NO.256 OF 2018.
For Petitioner : M/S.P.M.JAYACHANDRAN Advocate For Respondent : MR. C.IYYAPPARAJ, ADDL. PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner seeks anticipatory bail in Crime No.256 of 2018 registered by the respondent for the offences punishable under Sections 341, 392, 397, 376D and 506(ii) of IPC.
2. The case of the prosecution as per the defacto complainant one Aparna is that she is running a Beauty Parlour at Salem and that on 04.05.2018, while she was in the Parlour along with her employee, four unnamed persons along with the petitioner entered into the Beauty Parlour threatened the defacto complainant and took an amount of Rs.15,000/- from her clothes. Thereafter, the first accused had taken her inside the nearby room and committed rape on her and also threatened her not to inform it to the police and on hearing the alarm of the defacto complainant, the public nearby have come there and the accused had threatened the public.
3. The learned counsel for the petitioner would submit that the petitioner's name does not find place in the FIR and the entire reading of the FIR would go to show that the case has been foisted for the purpose of detaining one Elumban Karthick, who is arrayed as A1 in this case and that the petitioner has been shown as the associate of Elumban Karthik. He would submit that subsequently A1 has also been detained under Act 14. He would submit that the petitioner is running a vessel shop at Sevvapet. He would further submit that there is an enmity between the petitioner and a police officer in Salem, who had abducted with his wife and on the instigation of the said police officer, the petitioner has been
repeatedly implicated in false cases.
4. The learned Additional Public Prosecutor would submit that the petitioner along with other accused entered into the defacto complainant's parlour and threatened her and taken away an amount of Rs.15,000/- and the first accused in this case one Elumban Karthik raped the defacto complainant.
5. I have gone through the FIR. Taking into consideration the facts of the case and the submissions made by the learned counsel for both sides, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail in the event of their arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Additional Mahila Court, Salem, on condition that the petitioner shall execute a bond 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] if the petitioner failed to surrender before the said Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent police daily at 10.30.am., for a period of three 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 229-A IPC.
-sd/- 13/06/2018 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 ADDITIONAL MAHILA COURT SALEM 2 THE CHIEF JUDICIAL MAGISTRATE SALEM[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE STATE REP BY ITS, THE INSPECTOR OF POLICE STATION, SALEM DISTRICT +1 CC to M/S.P.M.JAYACHANDRAN Advocate on payment of necessary charges SR.NO. 10583 CRL OP.14560/2018 Date :13/06/2018 RD 26/06/2018