V.Vivek, Male, Aged 21 Years, v. State, Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Ninth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.17173 of 2018 V.VIVEK [ PETITIONER / ACCUSED ] Vs STATE, REP. BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, UTHIRAMERUR POLICE STATION, KANCHEEPURAM DISTRICT.

CR.NO.223 OF 2018 For Petitioner : M/S.J.SENTHAMILARASU 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 seeks anticipatory bail in Crime No.223 of 2018 registered by the respondent police for the offence punishable under Sections 448, 323 of IPC r/w Section 4 of Tamil Nadu Prevention of Women Harassment Act, 2002.

2. The case of the prosecution as per the de-facto complainant is that the petitioner trespassed into the house of the defacto complainant and assaulted her and also caused injuries to her.

3. The learned counsel for the petitioner would submit that the petitioner and the defacto complainant are relatives and that due to a family quarrel, a false complaint has been given against him.

4. The learned Additional Public Prosecutor would submit that due to wordy quarrel, the petitioner assaulted the defacto complainant. He would submit that the injured has been treated as an out-patient.

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 treated as an out-patient, 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 Judicial Magistrate, Uthiramerur, 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/- 09/07/2018 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, UTHIRAMERUR.

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

4 THE INSPECTOR OF POLICE, UTHIRAMERUR POLICE STATION, KANCHEEPURAM DISTRICT.

+1CC to M/S.J.SENTHAMILARASU Advocate on payment of necessary charges SR NO.12515 CRL OP.17173/2018 Date :09/07/2018 MK:11/07/2018