Kanthadurai Vellisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

1. Kanthadurai Vellaisamy

2. K.Kumutha

3. K.Rajalakshmi ... Petitioners/Accused NO.1-3 Vs State Rep.by The Inspector of Police, Thirumangalam Police Station, Thirumangalam, Madurai District.

In Crime No.6 of 2023 ... Respondent/Complainant For Petitioners : M/s.Prasanna Rajadurai.A, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.06 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 355, 323, 506(i) of I.P.C r/w 4 of TNPHW Act, in Crime No.6 of 2023, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution as per the defacto complainant is that on 01.01.2023, at about 10.00AM, the accused persons have abused the defacto complainant with filthy language, which leads to harassment. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners and the defacto complainant are known to each other and a false case was foisted against them. The second and third petitioners are wife and daughter of the first petitioner. Hence, prays to release them on anticipatory bail.

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4.The learned Government Advocate (Crl.Side) submitted that in this case, the first petitioner offered to give lift to the victim and thereafter, he offered sexual favour from her, when the same was refused, the alleged occurrence took place. Hence, prays to dismiss the petition.

5.Heard the learned counsel appearing on either side and perused the materials placed before this Court, including the FIR. 6.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumangalam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or bank pass book to ensure their identity;

(b)the first petitioner shall report before the respondent Police daily at 10:30 a.m., until further orders and the second and third petitioners shall appear before the respondent Police, as and when required for interrogation;

(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (d)the petitioners 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 petitioners in accordance with law, as if the conditions have been imposed and the petitioners 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;

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(f)if the accused/ petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 19/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, THIRUMANGALAM POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.PRASANNA RAJADURAI.A, Advocate ( SR-787[I] dated 19/01/2023 )

ORDER

IN CRL OP(MD) No.963 of 2023 Date :19/01/2023 RS/SSS/SAR.3(02.02.2023) 3P-6C 3/3