Deepa v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Deepa, ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep. By, the Inspector of Police, All Women Police Station, Kulithalai, Karur District.

(Crime No.6 of 2023).

... Respondent/Complainant For Petitioner : M/s.M.Lakshmanan, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.6 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/5

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b) & 506(i) of IPC and 11(1), 11 (3), 11(4) and 12 of Protection of Children from sexual Offences, Act, 2012, in Cr.No.6 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the daughter of A1. Due to difference of opinion, A1 and the mother of the defacto complainant got separated. Thereafter, A1 had illegal intimacy with the petitioner and also sent the threatening messages and obscene photographs to the defacto complainant with an intention to affect her studies. Hence, the complaint. 3.Heard both sides.

4.The allegations in this case are serious in nature. The petitioner is also seen for permitting the first accused to take obscene photographs that are being sent to the daughter, who was born through the estranged wife. Even though in the normal circumstances, the petitioner would not have been released on anticipatory bail only because A1, the father, has already been granted anticipatory bail, 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 (*)Mahila Court, Karur District on condition that the 2/5

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.m, for a period of three weeks and thereafter, as and when required for interrogation;

(c)the petitioner shall not tamper with 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 3/5

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/- 19/09/2024 (*)Amended as per order of this Hon'ble court in CRL MP(MD).411/2025 in CRL MP(MD).

14221/2024 in CRL OP(MD).15714/2024 Dated 10.01.2025 Time is extended by ten days from the date of receipt of a copy of this order. No further extension of time will be granted to the petitioner. / TRUE COPY / 10/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 04.10.2024 THE PRINCIPAL SESSIONS JUDGE, KULITHALAI.

THE JUDGE, FAST TRACK MAHILA COURT, KULITHALAI. THE JUDGE, MAHILA COURT, KARUR DISTRICT.

THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KULITHALAI, KARUR DISTRICT.

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

+1 CC TO MR.S.M.LAKSHMANAN, ADVOCATE, SR-373[I] DATED 10/01/2025

ORDER

IN CRL OP(MD) No.15714 of 2024 Date :19/09/2024 SS/VR/SAR- /26/09/2024/5P/5C RS/IT/SAR- /10.01.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5