Akhilesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Akhilesh, ... Petitioner/Sole Accused Vs.

THE STATE REP BY, The Inspector of Police, Palugal Police Station, Kannyakumari District.

(Crime No. 135 of 2021.

... Respondent/Complainant For Petitioner : Mr.A.Balakrishnan, Advocate. For Respondent : Mr.M.MuthuManikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.135 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 447, 294(b), 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Cr.No.135 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 12.09.2021 at about 02.00 pm when the defacto complainant was changing her dress, the accused peeped through the hole window, that when the same was questioned by the defacto complainant, the accused trespassed into the defacto complainant's house and abused her in filthy language. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the investigation is completed. 5.Considering the facts and circumstances of the case and considering the facts that the petitioner is not having any previous case for similar or serious offence and that the investigation is almost completed as stated by the learned Government Advocate (Criminal Side), this Court is inclined to grant anticipatory bail to the petitioner, but with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kuzhithurai, 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 conditions 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 am for a period of one month and thereafter, as and when required for interrogation.

(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/- 07/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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DAS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 JUDICIAL MAGISTRATE NO.I KUZHITHURAI 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, PALUGAL POLICE STATION, KANNYAKUMARI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.

+1 CC to M/s.K.P.NARAYANAKUMAR,Advocate(SR-1785[I]dated 08/03/2022 )

ORDER

IN CRL OP(MD) No.3839 of 2022 Date :07/03/2022 PKP/SBN/SAR-2/10.03.2022/3P/6C 3/3