Ajithkhan v. State Represented By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.12.2024

CORAM

THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI Crl.O.P.No. 32346 of 2024 Ajithkhan ... Petitioner Vs State represented by The Inspector of Police, Mangadu Police Station, Chengalpattu District.

[Cr. No. 1070 of 2024] ... Respondent For Petitioner : Mr.D. Magesh For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side) PRAYER: The Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 praying to enlarge the petitioner on bail in the event of arrest in the crime No. 1070 of 2024, on the file of Mangadu Police Station, Chegalpattu District.

ORDER

The petitioner apprehends arrest for the alleged offences under Sections 296(b), 115(2), 351(2), 118(1) of BNS in Crime No.1070 of 2024 on the file of the respondent police seeks anticipatory bail. 1/6

2.

The case of the prosecution is that on 20.12.2024, Deepan, a Hindu, filed a complaint stating that he married the petitioner's Muslim sister with the consent of both families. However, since he was prevented by his wife's family from wearing the Subarimalai Malai, he initiated conversation to sensitize his wife's family as to his right to profess his religion freely without hindrance, despite inter-religious marriage. Though the petitioner intervened to resolve the issue between the families, ultimately the same ended in threatening Deepan.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. The petitioner has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioner.

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that on 20.12.2024, Deepan, a Hindu, 2/6

filed a complaint stating that he married the petitioner's Muslim sister with the consent of both families. Thereafter, the petitioner had caused troubles and difficulties to the defacto complainant hindering his right to profess his religion freely, more particularly by compelling him from wearing Sabarimalai Malai and observe penance for Lord Iyappa. Though the petitioner intervened to resolve the issue between the families but later threatened Dheepan and further considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioner. 5.

Considering the representations made by both sides and nature of offences charged against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the Judicial Magistrate, Sriperumbudur 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 3/6

the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police everyday at 10.30 A.M. for a period of 30 days and thereafter as and when required for interrogation; [b] 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 of the Court or to any police officer.

[c] the petitioner shall not leave India without the previous permission of the Court.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [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].

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

27.12.2024 nsl 5/6

L.VICTORIA GOWRI J.

nsl Crl.O.P.No. 32346 of 2024 27.12.2024 6/6