Kapil Veraj, M/Aged 27 Years v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Second day of July Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.16743 of 2018 KAPIL VERAJ [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, F-5, CHOOLAIMEDU POLICE STATION, CHENNAI-600 094.

CR.NO.399 OF 2018.

For Petitioner : M/S.L.VINOTH Advocate For Respondent : MR.M.MOHAMED RIYAZ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and [*]506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.399 of 2018, seeks anticipatory bail.

2.

The case of the prosecution as per the de-facto complainant Sri Vidhya is that the petitioner, who is a brother-inlaw of the defacto complainant, abused her with filthy language, assaulted and Criminally intimidated her.

3. The learned counsel for the petitioner would submit that due to a family quarrel, a false complaint has been given against the petitioner and he has nothing to do with the alleged offence.

4. The learned Additional Public Prosecutor would submit that the petitioner, who is the brother-in-law of the defacto complainant, abused her with filthy language, assaulted and criminally intimidated her. He would submit that the injured has been discharged from the hospital.

5. Taking into consideration the facts of the case and the submissions made by the counsels and also taking note of the fact that the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner subject to the following 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 of receipt of a copy of this order, before the learned XVII Metropolitan Magistrate, Saidapet, 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 said Magistrate, 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.a.m until further orders.

[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 229-A IPC.

-sd/- 02/07/2018 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.

[*]Offence is amended as per order of this Court dated 02/07/2018 made in CRL.MP.NO.8758 OF 2018 IN CRL.OP.NO.16743 OF 2018

TO 1 THE METROPOLITAN MAGISTRATE, NO.XVII, SAIDAPET, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, F-5, CHOOLAIMEDU POLICE STATION, CHENNAI-600 094.

+1CC to M/S.L.VINOTH Advocate on payment of necessary charges SR NO.12057 CRL OP.16743/2018 Date :02/07/2018 MK:10/07/2018