Manoj Alias Ramachandran v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31071 of 2024 Manoj Alias Ramachandran S/o.Kuppusamy, No.2386, A Type 3rd Main Road, Mathur, Mmda Manali, Chennai - 68.
.. Petitioner(s) Vs The State Rep By, The Inspector Of Police, All Women Police Station, Ennore, Chennai. .. Respondent(s) For Petitioner(s) : Mr.T.Saravanan For Respondent(s) : Mr.S.Santhosh Govt.Advocate (Crl.side)
ORDER
Apprehending arrest in connection with Crime No.28 of 2024 registered for the offences punishable under Section 85 of BNS Act, 2023 the present petition has been filed by the petitioner seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seek indulgence of this Court. The learned counsel for the petitioner submitted that due to misunderstanding and matrimonial dispute, a false complaint has been given 1/4
to the respondent. He would further submit that the petitioner has filed a petition for divorce and as a counter-part, a false complaint has been given. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution, as put forth by the learned Government Advocate (Crl.side) appearing for the respondent police, opposing for grant of bail, is that the marriage between the defacto complainant and the petitioner was solemnized on 21.02.2024. Thereafter, the petitioner along with family members demanded dowry and thereby harassed the defacto complainant.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 learned Judicial Magistrate, Tiruvottriyur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees 2/4
Ten Thousand only), with two sureties 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, failing which, the petition for anticipatory bail shall stand dismissed 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., until further orders. [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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
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A.D.JAGADISH CHANDIRA, J.
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