Arul Soosai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Arul Soosai ... Petitioner/Accused 1 Vs The State rep.by The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

Crime No.79 of 2023.

... Respondent/Complainant For Petitioner : M/s.MANIMARAN.K., Advocate.

For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor (crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.79 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1who apprehends arrest at the hands of the respondent police for the offences punishable under sections 294(b), 354(A),341 and 506(ii) of I.P.C and section 4 of TNPHW Act in Crime No. 79 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant is that the defacto complainant was living alone and the petitioner taking advantage of the same had informed her that he will help her for the family expenses and education of the child if she cooperates with him for some extent and when the same was refused the petitioner herein had given her torture through A2 and A3, hence the case.

3. Heard. Perused the materials available on record including the First Information Report.

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4. Taking into consideration of the facts and circumstances of the case and also the fact that no serious allegation of sexual assault has been made against the petitioner, this court is inclined to grant anticipatory bail to the petitioner , with certain conditions:

5. 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 on which the order copy made ready, before the learned judicial Magistrate, Pattukottai, 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, failing which, the petition for anticipatory bail shall stand dismissed 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., for a period of two weeks 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 08/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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AAV TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.MANIMARAN.K. Advocate SR.No.3672

ORDER

IN CRL OP(MD) No.4422 of 2023 Date :08/03/2023 SA/MMS/SAR.1/10.03.2023/3P/6C 3/3