Ramar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Ramar, ... Petitioner/Sole Accused Vs The State rep by The Inspector of Police, Perunazhi Police Station, Ramanathapuram District.

Cr.No. 270 of 2020..

... Respondent/Complainant For Petitioner : M/s.Sam Eugine Jebakumar M, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.270 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 448, 354 and 506 (ii) I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.270 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the defacto complainant are neighbours. On 18.12.2020, at about 1.30 p.m, the petitioner entered into a house of the defacto complainant in an inordinate condition and outrage her modesty. 3.The learned counsel for the petitioner submits that the petitioner is an innocent, he has not committed any offence as 1/3

alleged by the prosecution, but he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) appearing for the respondent, on instructions, would submit that the petitioner is having seven previous cases to his credit. However, five cases were ended in acquittal, one case was closed as action dropped and another one is Section 107 Cr.P.C proceedings. 5.Considering the facts and circumstances of the case and the nature of offence committed by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

Accordingly, this Criminal Original Petition is allowed and 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, Kamuthi, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police daily at 10.30.a.m and 5.00 p.m until further orders. (c)the petitioner shall not tamper with the 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/ petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 05/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MSA 2/3

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. The Judicial Magistrate, Kamuthi.

2. Do-Through The Chief Judicial Magistrate, Ramanathapuram District.

3. The Inspector of Police, Perunazhi Police Station, Ramanathapuram District.

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

ORDER IN CRL OP(MD) No.10678 of 2021 Date : 05/08/2021 TR/JM/SAR-I (19.08.2021) 3P 5C 3/3