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Madras High CourtCRL OP/21714/2021granted

S.Tamilarasan v. State Rep By

2021-11-19Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.21714 of 2021 S.Tamilarasan ... Petitioner

Versus

State represented by, The Inspector of Police, Thiruvallur Town Police Station, Thiruvallur.

(Crime No.924 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in the above Crime No.924 of 2021 on the file of the respondent.

For Petitioner :

Mr.P.Parthipan For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side) *********

O R D E R

The petitioner, who apprehends arrest for the alleged offence under Sections 294(b), 323, 506(i) of IPC r/w Section 4 of Women Harrassment Act, in Crime No.924 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 28.09.2021 the complainant got acquaintance with the petitioner as friend for the past three years and she had helped him financially. At last the petitioner had availed a loan of Rs.1,00,000/- for the petitioner and the petitioner is supposed to pay Rs.4500/- as EMI. Since the petitioner was not properly transferred the EMI amount to the defacto complainant's account. On 13.09.2021 she was again attacked by the petitioner and also threatened in dire consequences. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the defacto complainant alone threatened the petitioner and his family members and he would abide any condition and the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there was dispute between the parties and the investigation is still pending. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the fact, the nature of the dispute between the parties is money transaction, this Court is inclined to grant anticipatory bail to the petitioner with certain 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 No.I, Thiruvallur, 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 appear before the respondent police every Wednesday 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 19/11/2021 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.I, THIRUVALLUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THIRUVALLUR TOWN POLICE STATION, THIRUVALLUR.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.P.PARTHIPAN Advocate on payment of necessary charges SR.NO.13181 CRL OP.21714/2021 Date :19/11/2021 RW 24/11/2021