Duraipandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Duraipandi ... Petitioner/Sole Accused Vs The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

Crime No. 10/2024.

... Respondent/Complainant For Petitioner : Mr.B.Anandan, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 10 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent 1/5

police for the offences punishable under sections 294(b), 417 and 376 IPC, in Crime No.10 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the defacto complainant had come in contact through a marriage broker. While no decision had been taken about the marriage, both of them used to meet frequently and the petitioner had forcibly physical sexual relations with the defacto complainant under false promise that he would marry her. However, the defacto complainant came to know that the petitioner was engaged to another woman. Hence, the complaint.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Considering the overall facts and circumstances of the case and the detailed statement, which is given by the de facto complainant, which reveals that the relationship happened over a period of time and thereafter did not fructify in a marriage and considering the fact that the petitioner has subsequently been married to another woman, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.

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5. Accordingly, this 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, Tirumangalam, Madurai District, 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 am for a period of two weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;

(c)the petitioner shall not tamper with evidence or witness either during 3/5

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

Sd/- 13/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The Judicial Magistrate, Tirumangalam, Madurai District

2. -do through The Chief Judicial Magistrate, Madurai.

3. The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

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

+1 CC to M/s.B.ANANDAN, Advocate ( SR-9905[I] dated 13/08/2024)

ORDER

IN CRL OP(MD) No.13224 of 2024 Date : 13/08/2024 RD/SKN (23/08/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5