Subash Chandra Bose v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Subash Chandra Bose ... Petitioner/Sole Accused Vs The Inspector of Police, AWPS Thiruverambur Police Station, Trichy District.

(Crime No. 14 of 2023.) ... Respondent/Complainant For Petitioner :

M/s. Jerin Mathew.M, Advocate.

For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 14 of 2023 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 417, 376(1) and 506 (i) of IPC in Crime No.14 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is a married man having two children and he promised to marry the defacto complainant and later he refused.

3.The learned counsel appearing for the petitioner submits that the petitioner has not indulged in any offence as alleged by the prosecution. The petitioner came to know the defacto complainant through his wife and the defacto complainant herself knows that he is married. He further submits that for the alleged occurrence took place on 21.05.2022, a case has been registered on 21.09.2023.

4.The learned Additional Public Prosecutor for the respondent submits that based on the complaint given by the defacto complainant, a case in Crime No.14 of 2023 has been registered as against this petitioner on 21.09.2023. 5.Considering the facts and circumstances of this case and also 2/5

considering the manner in which, the complaint has been lodged and taking into consideration of the conduct of the parties, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition is allowed and 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 Additional Mahila Court, Trichy on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Additional Mahila Court, Trichy District and on further conditions that: i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; ii. The petitioner shall appear before the respondent police as and when required.

iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

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iv. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 05/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The Judge, Additional Mahila Court, Trichy District.

2.The Inspector of Police, AWPS Thiruverambur Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.JERIN MATHEW, Advocate ( SR-4220[I] dated 05/04/2024 )

ORDER

IN CRL OP(MD) No.5295 of 2024 Date :05/04/2024 4/5

ED/ JGB /SAR- (12/04/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5