Prem Kumar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.23356 of 2021 Prem Kumar

...Petitioner

Versus

State by

...Respondent

The Inspector of Police, Thiruvalam Police Station, Vellore District.

(Crime No.495 of 2021) Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of arrest in Crime No.495 of 2021 on the file of The Inspector of Police, Thiruvalam Police Station, Vellore District. For Petitioner : Mr.S.Silambuselvan For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 498(A), 294 (b), 494 of IPC r/w Section 4 of D.P. Act in Crime No.495 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and the petitioner were got married in the year of 15.11.2013 at "Apostolic Faith Mission" at Karasamangalam Koot Road. On 26.02.2014 Marriage Reception was taken place at "Navajeeva Seva Mandapam" at Sevur. Thereafter on 30.08.2016 the petitioner and the defacto complainant had separately and the defacto complainant is living in her parent House. Now on 23.10.2021 by way of 156(3) Cr.P.C complaint filed before the Judicial Magistrate, Katpadi and forwarded for action to respondent police. Hence the complaint.

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. Hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that there is some misunderstanding with the petitioner and the defacto complainant and the defacto complainant was developed with another boy. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, 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 before the learned Judicial Magistrate No.1, Vellore 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) 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;

(b) the petitioner shall report before the respondent police on 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/- 06/12/2021 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, NO.1, VELLORE.

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

4 THE INSPECTOR OF POLICE, THIRUVALAM POLICE STATION, VELLORE DISTRICT.

+1 CC to M/S. S.SILAMBUSELVAN Advocate on payment of necessary charges SR.NO.14167 CRL OP.23356/2021 Date :06/12/2021 TA-09/12/2021