Shaik Faridh v. Iop Walajapet Ps Vellore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Sixteenth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.24552 of 2018 SHAIK FARIDH [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, WALAJAPET POLICE STATION, VELLORE DISTRICT.

CR.NO.575 OF 2017 For Petitioner : M/S.M.SATHISH KUMAR Advocate For Respondent : MR. KRITIKA KAMAL P, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 294(b), 506(i) IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.575 of 2017 on the file of the respondent police, seeks anticipatory bail. 2.Heard both sides.

3.The case of the prosecution is that the petitioner is alleged to have sent a letter dated 02.03.2016 threatening the de facto complainant.

4.The learned counsel appearing for the petitioner would submit that the petitioner is working as English Teacher in Municipal Market Middle School, Walajapet and the de facto complainant is the Headmaster of the very same school. He would submit that the complaint has been given by the Headmaster as if the petitioner has been sending letters, threatening the defacto complainant.

5. The learned Government Advocate (Crl.side) would submit that the petitioner is alleged to have sent letters to the defacto complainant.

6. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Walajapet, Vellore District, within a period of 15 days from the date of receipt of a copy of this order, on executing a separate 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 the learned Magistrate concerned and on further conditions that:

[a] if the petitioner fails to surrender before the concerned Magistrate/Court within a period of 15 days, this order shall stand automatically cancelled.

[b] 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.

[c] the petitioner shall report before the respondent police twice in a week i.e., every Monday and Friday at 10.30.a.m. for two weeks and thereafter, as and when required for interrogation. [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 16/10/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, WALAJAPET, VELLORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, WALAJAPET POLICE STATION, VELLORE DISTRICT.

+1CC to M/S.M.SATHISH KUMAR Advocate on payment of necessary charges SR NO.19653 CRL OP.24552/2018 Date :16/10/2018 MK:22/10/2018