M.Mohan Raj v. The State Rep By

T.V.THAMILSELVI, J.

The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 376 & 420 of IPC in Crime No.37 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that one Monisha lodged a complaint before the respondent police on 05.09.2022 alleging that the petitioner had cheated on false promise of marriage and refusing to marry on the grounds of caste and money.

3. The learned counsel appearing for the petitioner submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the petitioner had cheated on false promise of 1/4

marriage and refusing to marry on the grounds of caste and money. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel appearing for the petitioner and the learned Government Adovocate (Criminal Side) appearing for the respondent police.

6. Today this matter was listed under the caption 'for reporting compliance'.

7. When the matter came up for hearing on 14.12.2022, this Court granted interim anticipatory bail to the petitioner till 10.01.2023 and directed the parties to appear before the Mediation and Conciliation Centre, Tambaram for the purpose of solving the issue between the petitioner and the defacto complainant. When the matter was taken up today (09.02.2023), the learned counsel for the petitioner submitted that the parties were appeared before the Mediation Centre and the Mediation was not fructified. In view of the above, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial MagistrateI, Tambaram 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 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 everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required.

[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. 3/4

T.V.THAMILSELVI, J.

gbi [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 absconds, a fresh FIR can be registered under Section 229A IPC.

09.02.2023 Internet : Yes/No gbi 4/4