Beeha @ Balasali v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4442 of 2019 BEEHA @ BALASALI ... PETITIONER / SOLE ACCUSED Vs THE STATE OF TAMIL NADU REP. BY THE INSPECTOR OF POLICE, MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

CR.NO.25/2019 ... RESPONDENT / COMPLAINANT For Petitioner : MR. R. BALAKRISHNAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who is apprehending arrest at the hands of the respondent police for the alleged offence under Sections 452, 294(b) and 506(ii) of IPC in Cr.No.25 of 2019, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the mother of the victim. The petitioner wanted to marry the defacto complainant's daughter in which she refused his request thereby he entered into the defacto complainant's house and abused the victim with filthy language and assaulted her. Hence, the defacto complainant lodged a complaint against the petitioner. 3.The learned counsel appearing for the petitioners would submit that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent person. 4.The learned Government Advocate (Crl. Side) appearing for respondent submit that the investigation is still pending.

5.Considering the facts and circumstances of the case and also considering the fact that there are no serious allegations against the petitioner, this Court is inclined to grant anticipatory bail to the petitioners. 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, Sathankulam 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 the learned Magistrate concerned 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 daily 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 26/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE SATHANKULAM, THOOTHUKUDI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE, MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to MR. R. BALAKRISHNAN Advocate SR.No.5538

ORDER

IN CRL OP(MD) No.4442 of 2019 Date :26/03/2019 TK/VR/SAR 1/01.04.2019/3P-6C