Jailani v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.22895 of 2021 Jailani A ... Petitioner

Versus

The State rep by The Inspector of Police Dharapuram Police Station, Tiruppur District.

(Crime No.1310 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 Crime No.1310 of 2021 pending investigation on the file of the respondent police.

For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 506(i) IPC and Section 4 of Women Harassment Act 2002 in Crime No.1310 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was a wordy quarrel between the petitioner and the defacto complainant, as a result of which, the petitioner had abused the defacto complainant in filthy language and attacked her with hands and caused injuries. Hence, the complaint was registered.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He

further submitted that there is a case in counter and the petitioner and his friends had also given a complaint before the respondent police in Crime No.1311 of 2021 against the defacto complainant. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that the injured person has been discharged from the hospital and there is no previous case pending against the petitioner and the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that there is no previous case pending against the petitioner and also the fact that the investigation is almost completed, 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, Dharapuram, 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) if the petitioner fail 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;

(b) 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; (c) the petitioner shall report before the respondent police on every Tuesday at 10.30 a.m., until further orders.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

(f) 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;

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

-sd/- 01/12/2021 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, DHARAPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, DHARAPURAM POLICE STATION, TIRUPPUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges SR.NO.13863 CRL OP.22895/2021 Date :01/12/2021 JPA 07/12/2021