Akash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Akash ... Petitioner/Sole Accused Vs The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

Crime No.28/2023.

... Respondent/Complainant For Petitioner :

Mr.K.Suyambulingabharathi, 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.28/2023 on the file of the Respondent Police. 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 417 and 506(i) of IPC, in Crime No.28 of 2023 on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the petitioner and the defacto complainant loved each other for the past 1-1/2 years, on the promise of marriage, the petitioner had sexual relationship with the defacto complainant and later he refused to marry her. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner has not indulged in any offence as alleged by the prosecution. He further submits that the petitioner is a college student.

4. The learned Additional Public Prosecutor appearing for the respondent opposed for grant of anticipatory bail on the ground that the investigation is yet to be completed. However, he fairly submits that the petitioner is not having any previous case.

5. Considering the nature of relationship of the parties and also considering the fact that the petitioner is not having any previous case and also considering the future of the petitioner, 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 learned Judicial Magistrate No.I, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two 2/4

sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tirunelveli, 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. 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/- 08/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 3/4

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PALAYAMKOTTAI, TIRUNELVELI CITY.

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

ORDER

IN CRL OP(MD) No.5360 of 2024 Date :08/04/2024 RS/VR/SAR-(17.04.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4