K.Vignesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/05/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN

1. K.VIGNESH

2. S.KARUPPIAH

3. K.ESWARI ... PETITIONERS/ACCUSED 1 TO 3 VS STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TENKASI, TENKASI DISTRICT.

CRIME NO.6/2020.

... RESPONDENT/COMPLAINANT For Petitioner : M/s.T.Indrachithu, Advocate.

For Respondent : Mr.S.Chandarasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.6 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 448,417, 376, 294(b) and 506(i) of I.P.C., in Crime No.6 of 2020, on the file of the respondent police, seek anticipatory bail. 2.Heard both sides.

3.According to the de-facto complainant, A-1 had sexual intercourse with her on promise that he will marry her. But later he breached the promise, the petitioners 2 and 3, who are the parents 1/3

of A-1, supporting A-1, advising the first petitioner not to marry the de-facto complainant. The alleged act of sexual intercourse has occurred on 26.02.2020, whereas the complaint was given on 19.03.2020. Hence, the petitioners seek anticipatory bail. 4.On reading of the First Information Report and hearing the case of the prosecution, this Court is of the view that even if any offence is committed it is only by A-1, the role of A-2 and A-3 does not appear to be very significant in the said crime. Hence, this petition is dismissed as far as the first petitioner is concerned. 5.Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions.

Accordingly the petitioners 2 and 3 are ordered to be released on bail in the event of arrest by respondent police on executing a own bond for a sum of Rs.25,000/- each and further the petitioners 2 and 3 shall produce two sureties each for a sum of Rs.

(i)the petitioners 2 and 3 and 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;

ii)the petitioners 2 and 3 shall report before the respondent police as and when required for interrogation; iii)the petitioners 2 and 3 shall not tamper with evidence or witness.

iv) the petitioners 2 and 3 shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 2 and 3 in accordance with law as if the conditions have been imposed and the petitioners 2 and 3 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].

vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 26/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SHENGOTTAI, TENKASI DISTRICT.

2/3

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TENKASI, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5250 of 2020 Date :26/05/2020 SJI JM/PN/SAR 3/27.05.2020/3P/5C 3/3