Dr K Jeyanthi Prasad v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Dr K Jeyanthi Prasad, ... Petitioner/Accused No.3 Vs

1. The Assistant Commissioner, Tallakulam Range, Madurai City..

2. The Inspector of Police, D4, Thiruppalai Police Station, Madurai City.

Crime NO.87 of 2024.

... Respondents / Complainant

3. Kavikkakiran, D/o.Ramachandran, Flat No.107, Pryme Neo Apartment, Surveyor Colony, Madurai - 625007..

... Respondents/Complainants For Petitioner : M/s.Sathish Babu.N, Advocate. For Respondents: Mr.R.M.Anbunithi, Additional Public Prosecutor 1/5

PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.87/2024 on the file of the Respondent police ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 294(b), 354 of IPC @ 448, 294(b), 354 of IPC r/w Section 3(1)(w)(ii) & 3(1)(r) of SC/ST(POA) Act, 1989 and Section 8 & 9 of Protection of Children from sexual Offences (POCSO) Act, 2012, in Cr.No.87 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and three other persons have trespassed into her flat and threatened her to vacate the flat and abused her by calling her community name. Hence, the complaint.

3.Heard both sides.

4.Considering the fact that the petitioners also belongs to the Scheduled Caste and considering the nature of allegations that by mis-judging the college going children as involving in immoral traffic, they went to her doorstep and one person entering into her portion and removing the bed sheet and another person standing outside of the door and also shouted with filthy languages and also considering the 2/5

fact that there is no bad antecedent with reference to 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 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.2, Madurai, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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.

(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 3/5

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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 07/08/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE MO.2 MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE ASSISTANT COMMISSIONER OF POLICE, TALLAKULAM RANGE, MADURAI CITY.

4 THE INSPECTOR OF POLICE D4, THIRUPPALAI POLICE STATION, MADURAI CITY 4/5

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

+1 CC to M/s.N.SATHISH BABU, Advocate ( SR-9709[I] dated 09/08/2024 )

ORDER

IN CRL OP(MD) No.10177 of 2024 Date :07/08/2024 PSP/VR/SAR /14.08.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5