Jaisankar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Jaisankar ... Petitioner Vs.

State represented by, The Sub-Inspector of Police, Tirupattur Town Police Station, Tirupattur District.

(Crime No. 383 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.383 of 2024 on the file of the respondent Police.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 13.09.2024, for the alleged offence punishable under Sections 296(b), 1/6

115(2), 308(2), 351(3) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.383 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is an auto driver. On 12.09.2024 at about 7.30 p.m, while the defacto complainant was waiting for an auto, at that time, the petitioner took her in an auto to a dark place and forced her to marry him, when she refused, he extorted her mobile phone and also cash of Rs.500/-. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submit that the petitioner was arrested and is in judicial custody for more than and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner is an auto driver. On the date 2/6

of the alleged occurrence, the petitioner took the defacto complainant in an auto in a dark place and forced her to marry, when she refused, he extorted her mobile phone and also cash of Rs.500/-. He further submits that the property was recovered from the petitioner. He further submits that the petitioner has no previous case pending against him. However, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the nature of offence, money involved in this case, and the petitioner has no previous cases, pending against him, considering the period of incarceration undergone by the petitioner, and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial 3/6

Magistrate No.I, Tirupattur and on further conditions that:- [a] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.

[b] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[c] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[d] the Petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Judicial 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 4/6

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

19.10.2024 drl To 1.The Judicial Magistrate No.I, Tirupattur.

2.The Sub-Inspector of Police, Tirupattur Town Police Station, Tirupattur District.

3.The Superintendent, Sub Jail, Tirupattur.

4.The Public Prosecutor, High Court of Madras.

5/6

P.DHANABAL, J.

drl 19.10.2024 6/6