Velmurugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Velmurugam,

2. Lakshmanaperumal, ... Petitioners/Accused Vs State Rep by The Inspector of Police, All Women Police Station, Kadambur, Thoothukudi District.

Cr.No.5 of 2021.

... Respondent/Complainant For Petitioner : M/s.Thalaimutharasu.G, Advocate.

For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime.No.5 of 2021 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 alleged offence punishable under Sections 417, 376 & 294(b) of IPC, in Crime No.5 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the 1st petitioner on the false promise of marrying the defacto complainant, committed sexual intercourse with her and thereafter, cheated her. Hence, the complaint.

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3.The learned counsel for the petitioner submits that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution, but he has been falsely implicated in this case.

4. The learned Additional Public Prosecutor submits that after registration of the First Information Report, the first petitioner has married the defacto complainant on 03.10.2021.

5. Considering the nature of allegations against the petitioners and that the first petitioner has married the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Kovilpatti, Thoothukudi, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioners shall report before the respondent police as and when required for interrogation;

(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;

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(f)if the accused/ petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ssb 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 No.1, kovilpatti, Thoothukudi.

2. Do Through The Chief Judicial Magistrate, Thoothukudi.

3. The Inspector of Police, All Women Police Station, Kadambur, Thoothukudi District.

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

ORDER IN CRL OP(MD) No.15396 of 2021 Date : 22/10/2021 TR/JM/SAR-III(28.10.2021) 3P 5C 3/3