Ranjith v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.31746 of 2022 Ranjith
...Petitioner
Vs.
State rep. by The Inspector of Police, S.H.O.All Women Police Station, Chidambaram.
(Crime No.12 of 2021)
...Respondent
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner/accused on bail in Crime No.12 of 2021 on the file of the respondent police.
For petitioner : Mr.B.Suresh For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)
ORDER
The petitioner who was arrested and remanded to judicial custody on 30.11.2022 for the offence under Sections 354(D) and 506(i) of IPC and Section 4 of TNPWH Act and Section 67A of IT Act, in Crime No.12 of 1/4
2021, on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioner and the defacto complainant are college mates in a Medical College. While being so, the defacto complainant has proposed to marry the petitioner, later she had retracted from the said proposal. The petitioner and the defacto complainant along with other friends have created a group in their mobile phone. When the defacto complainant decided to marry an another person, the accused shared their photographs in the social media. Hence the complaint.
3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner also undertaken that he will 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. Hence he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) would submit that the 2/4
petitioner and the defacto complainant were love with each other. While being so, when the defacto complainant decided to marry another person the petitioner shared their earlier photographs to the social media and threatened her with dire consequences. Hence, he opposed to grant bail to the petitioner.
5. Considering the facts and circumstances and also considering the period of incarceration undergone by the petitioner and that the investigation is almost completed, this Court is inclined to grant bail to the petitioner with certain conditions.
6. 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 learned Judicial Magistrate Court No.I, Chidambaram, and on further conditions 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 appear before the respondent Police as and when required for interrogation.
[c] the petitioner shall not share any photographs of the defacto 3/4
complainant in social media and shall not communicate with the defacto complainant though any mode and till the disposal of the case. [d]the petitioner shall not tamper with evidence or witness during trial; [e]the petitioner shall not abscond during investigation/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.
22.12.2022 ata To 4/4
1.The Judicial Magistrate Court No.I, Chidambaram. 2.The Inspector of Police, S.H.O.All Women Police Station, Chidambaram.
3.The Sub-jail, Chidambaram.
4.The Public Prosecutor, High Court, Madras.
T.V.THAMILSELVI,J.
ata 5/4
Crl.O.P.No.31746 of 2022 22.12.2022 6/4