Suresh, M/A 35 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL ORIGINAL PETITION No.17090 of 2018 1 SURESH [ PETITIONERS / ACCUSED ] 2 RAJALAKSHMI Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, EDAIYUR POLICE STATION, TIRUVARUR DISTRICT CR.NO.66 OF 2018.

For Petitioner : M/S.SWAMI SUBRAMANIAN 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294-B, 323 and 506(i) of IPC in Crime No.66 of 2018, seek anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that the petitioners abused the de facto complainant with filthy language and assaulted her and threatened with dire consequences.

4. The learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this case and therefore, he prays for grant of anticipatory bail to the petitioners.

5. Learned Additional Public Prosecutor submits that there is no previous case against the petitioners.

6. Taking into consideration the nature of allegations in the FIR, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioners.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Thiruthuraipoondi, on condition that each of 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled. (ii) the petitioners 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.

(iii) the petitioners shall report before the respondent police daily at 6.30 p.m. for a period of two weeks. (iv) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(v) the petitioners shall not abscond either during investigation or trial.

(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. (vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 05/07/2018 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.

TO 1 THE JUDICIAL MAGISTRATE, THIRUTHURAIPOONDI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, EDAIYUR POLICE STATION, TIRUVARUR DISTRICT +1CC to M/S.SWAMI SUBRAMANIAN Advocate on payment of necessary charges SR NO.12409 CRL OP.17090/2018 Date :05/07/2018 MK:09/07/2018