Ramadoss @ Krishnamoorthy v. State Rep 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.23477 of 2021 Ramadoss @ Krishnamoorthy ... Petitioner
Versus
State Rep by The Inspector of Police Thirukovilur Police Station, Kallakurichi District.
(Crime No.830 of 2021) ... Respondent Prayer:-Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on anticipatory bail in the event of their arrest in Crime No.830 of 2021 pending investigation on the file of the respondent police. For Petitioner :
M/s.M.Karthik For Respondent :
A.Gokulakrishnan, Additional Public Prosecutor
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under section 294(b), 323, 506(i) of IPC r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 in Crime No.830 of 2021 seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant preferred a complaint against the petitioner stating that at midnight, the petitioner came to the defacto complainant's house and has thrown small stones on her while she was sleeping and misbehaved with the defacto complainant and also abused her physically. Hence, the defacto complainant lodged a complaint against the petitioner. 3.The learned counsel appearing for the petitioner submits that the petitioner is no way connected with the occurrence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) submits the petitioner has thrown small stones on the defacto complainant and misbehaved with her by pulling her saree and also abused her physically. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner and investigation is almost completed.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 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 Judicial Magistrate, Thirukovilur 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 is directed to appear before the respondent police on every Saturday at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation; (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, THIRUKOVILUR.
2 THE CHIEF JUDICIAL MAGISTRATE VILUPPURAM DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OFPOLICE, THIRUKOVILLUR POLICE STATION, KALLAKURICHI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.M.KARTHIK Advocate on payment of necessary charges CRL OP.23477/2021 Date :06/12/2021 RW 27/12/2021