Madras High CourtCRL OP(MD)/4515/2018ordered

Thami @ Seenivasan @ v. The Inspector Of Police,

2018-03-23Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.4515 of 2018 TAMIL @ SEENIVASAN @ SEENIVASAGAM ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, AYYAPURAM POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.23 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.RAJESH KUMAR Advocate For Respondent : MR.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 342, 294(b), 323, 354, 506(i) and Section 4 of TNPHW Act., in Crime No.23 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner unlawfully entered into the house of the defacto complainant and invited for sexual favours from her. Since the defacto complainant has refused to give consent, the petitioner assaulted the defacto complainant and also abused her by using the filthy language. Hence, a case has been registered for the above said offences.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has been falsely implicated, further added that he has not committed any offence as alleged, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate(Criminal Side) appearing for the State submitted that investigation is still pending. 5.The submissions made by the learned counsel appearing on either side are considered. It is alleged, during the time of occurrence, the petitioner unlawfully entered into the house of the defacto complainant and invited for sexual favours from her. Since https://hcservices.ecourts.gov.in/hcservices/

the defacto complainant has refused to give consent, the petitioner assaulted the right cheek and stomach of the defacto complainant. According to prosecution, as of now, the defacto complainant has been discharged from the hospital, after completing the treatment. So, considering the facts and circumstances of the case, custodial interrogation of the petitioner may not be necessary for completing the investigation.

Hence, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, he 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, Sankarankovil, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i)the petitioner shall report before the respondent police daily at 10.00 a.m. for a period of three weeks, thereafter as and when required for interrogation.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioner shall not abscond either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and 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].

sd/- 23/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, AYYAPURAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.RAJESH KUMAR Advocate SR.No.4919 ORDER IN CRL OP(MD) No.4515 of 2018 Date :23/03/2018 MKV-CM-VR-SAR 1/2.4.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/