Surya v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Fifth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19484 of 2021 1 SURYA [ PETITIONERS / ACCUSED ] 2 RAJAMMAL Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DHARMAPURI POLICE STATION, DHARMAPURI DISTRICT.
(CRIME NO.2212 OF 2021 For Petitioners : M/S.R.PARTHIBAN Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence under Section 366(A) of IPC in Cr.No.2212 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant is the mother of the victim girl and the petitioners herein are relatives of the accused/A-1 and they are alleged to have taken the victim girl to the temple for conducting the marriage between accused/A-1 and the victim girl and subsequently the marriage was not conducted. Hence, the law enforcing agency registered a case against the petitioners.
3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution. He further submits that the allegation is only made against accused/A-1 and there is no specific overt act against the petitioners. In fact, the petitioners only helped the accused/A-1 for performing the marriage. Hence, he prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl. side) submits that the petitioners alleged to have taken the victim girl and A-1 for performing the marriage. Hence, he opposed for granting anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and the allegation is only made against accused/A-1 and there is no specific overt act against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.
6.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 learned Judicial Magistrate Court-II, Dharmapuri, on condition that the petitioners 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)the petitioners 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 1st 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 and the 2nd petitioner shall appear before the respondent police as and when required for interrogation ; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners 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 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC -sd/- 25/10/2021 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 JUDICIAL MAGISTRATE, NO.II, DHARMAPURI.
2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, DHARMAPURI POLICE STATION, DHARMAPURI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.PARTHIBAN Advocate on payment of necessary charges CRL OP.19484/2021 Date :25/10/2021 JPA 01/11/2021