K.Naveen Kumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. K.Naveen Kumar,

2. K.Kajendran,

3. K.Rajavalli,

4. K.Prakash, ... Petitioners/Accused Nos.1to4 Vs The State of Tamil Nadu Rep by The Inspector of Police, AWPS Town Police Station, Madurai City, Madurai District.

Crime No.13 of 2024.

... Respondent/Defacto Complainant For Petitioners : M/s.Athamali S., Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 13 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 493, 506(ii) of IPC and Section 4 of TNPHW Act, in Crime No.13 of 2024, seek anticipatory bail. 2.The case of the prosecution is that the first accused had sexual intercourse with the defacto complainant, who is already married and has 3 female children, by giving a false promise that he would marry her and videographing the same, thereafter, he started to threaten her by showing those videos and also got her jewels & money etc., Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations that the first petitioner is said to have involved in an extramarital affair with the defacto complainant and had intercourse with her and is also said to have videographed those intimate moments and started threatening her and also got her jewels & money ete., and the the allegations against the first petitioner is serious and as such the petition is dismissed as far as the first petitioner is concerned.

5. As far as the petitioners 2 to 4 are concerned, they are only the parents and brother of the first petitioner and the allegation against them is that they also threatened by joining along with the first petitioner, this Court is inclined to grant 2/5

anticipatory bail to the petitioners 2 to 4 with certain conditions. 6.Accordingly, this Criminal Original Petition is partly allowed and the petitioners 2 to 4 are ordered to be released on bail in the event of their 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 Court No.V, Madurai, on condition that the petitioners 2 to 4 shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) common surety 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioners shall report before the respondent police daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation; (c)the petitioners shall not tamper with 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 3/5

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

sd/- 16/10/2024 / TRUE COPY / / 10 /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, COURT NO.V MADURAI. 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE AWPS TOWN POLICE STATION MADURAI CITY, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.17317 of 2024 Date :16/10/2024 4/5

PSP/ MMS /SAR /24.10.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5