Thomas Paulraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/11/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM Thomas Paulraj, ... Petitioner/1st Accused Vs The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.

(Crime No.10 of 2022).

... Respondent/Complainant For Petitioner : M/s.VIJAYAKUMAR.S, Advocate.

For Respondent : Mrs.M.AASHA, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.10 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 323 and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.10 of 2022 on the file of the respondent police, seeks anticipatory bail. 1/5

2.The case of the prosecution is that the marriage between the petitioner and the defacto complainant was solemnized on 03.02.2021. After marriage, at the instigation of his parents, the petitioner harassed the defacto complainant. Hence the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged in the complaint.

4.The learned Government Advocate (Crl.side) appearing for the respondent would submit that there was matrimonial dispute between the petitioner and the defacto complainant.

5.Taking note of the facts and circumstances of the case and taking into consideration the principles stated by the Honourable Supreme Court in Gurubaksh Singh Sibbia Etc., vs. State of Punjab reported in 1980 AIR 1632 and Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and others reported in (2009)4 SCC 437 and Joginder Kumar vs. State of U.P. and others reported in (1994)4 SCC 260 and taking into consideration the origine of crime, it is seen that the offence alleged as against the petitioner is not a case of heinous crime. Further the petitioner is having permanent residents at Kollamkondan, Rajapalayam Taluk, Virudhunagar District. Hence the principles stated in Hussainara Khatoon & Ors vs. Home Secretary, State Of Bihar reported in AIR 1979 SC 1360 is taken into consideration. In that case, the 2/5

Hon'ble Supreme Court has cautioned that pre-trial detention is not be encouraged nor is to be encourageable pre-trial release on sureties; that if the Court is satisfied after taking into consideration that the accused has his roots in the community and is not likely to abscond, he can safely be released on his personal bond.

6. In view of the above, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Fast Track Mahila Court (Magisterial Level), Srivilliputhur, on condition that the petitioner shall execute own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that :

[a] the petitioner shall report before the trial Court on receipt of summons; [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial. [d] 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]. [e] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 03/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE FAST TRACK MAHILA JUDGE (MAGISTERIAL LEVEL), SRIVILLIPUTHUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

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

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+1 CC to M/s.S.VIJAYAKUMAR, Advocate ( SR-15959[I] dated 06/11/2023 )

ORDER

IN CRL OP(MD) No.19648 of 2023 Date :03/11/2023 SA/DD/SAR. /17.11.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5