P.Arun v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18036 of 2021 P.ARUN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SAIDAPET, CHENNAI.
CRIME NO.06 OF 2021.
For Petitioner : M/S.M.ASWIN 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 petitioner who apprehends arrest for the alleged offence under Sections 417, 354 D, 506(ii) in Cr.No.06 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the marriage was performed between the petitioner and the defacto complainant on 15.02.2019. The alleged offence against the petitioner by the defacto complainant is that she was forcibly taken to the registration office for performing marriage. Thereby, the defacto complainant lodged a complaint before the law enforcing agency.
3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and has been falsely implicated in the case. Hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl. side) submits that the marriage was performed in compulsion by the petitioner. Hence, he opposed for granting anticipatory bail to the petitioner.
5. Considering the fact that though the alleged incident was happened in the year 15.02.2019 and the complaint was given by the defacto complainant before the law enforcing agency after one year, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned IV-Metropolitan Magistrate, Saidapet, 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 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 Court concerned 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 anticipatory 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/- 29/09/2021 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 METROPOLITAN MAGISTRATE, NO.IV, SAIDAPET.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SAIDAPET, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. M.ASWIN Advocate on payment of necessary charges CRL OP.18036/2021 Date :29/09/2021 JPA 07/10/2021