Dharani Kumar v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Dharani Kumar ... Petitioner Vs.
The State represented by, The Inspector of Police, MKB Nagar All Women Police Station, Chennai.
(Crime No.21 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.21 of 2024, pending investigation on the file of the respondent Police.
For Petitioner :
Mr.P.Thinesh For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.21 of 2024 registered for the offences punishable under Sections 79 and 75 of BNS r/w Section 4 of TN Prohibition of Harassment of Women Act, is on board for consideration. 1/5
2. The incarceration of the petitioner being from 21.11.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner has nothing to do with the alleged offence, whereas, the de facto complainant had given a false complaint against the petitioner and others, since she had a difference of opinion with A1. He further submits that the coaccused/A3 has been enlarged on bail by the Metropolitan Magistrate, Additional Mahila Court, Egmore Court, Chennai and the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the first and the second accused befriended the de facto complainant with ulterior motive and sexually harassed her along with other accused and also uttered abusive words to insult her modesty. He further submits that the investigation in this case is still pending.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the 2/5
materials available on record and considering the nature of allegation against the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai, 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 report before the respondent Police, everyday at 06.30 p.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 3/5
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 269 of B.N.S. 05.12.2024 ham To
1. The Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai.
2. The Inspector of Police, MKB Nagar All Women Police Station, Chennai.
3. The Superintendent, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
4/5
A.D.JAGADISH CHANDIRA.,J.
ham 05.12.2024 5/5