Jeyaraj @ Mariya Anthony v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2022 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Jeyaraj @ Mariya Anthony ... Petitioner/Accused Vs The State rep.by, The Inspector of Police, Sernthamaram Police Station, Sankarankovil Taluk, Tenkasi District.

(Crime No.145/2022). ... Respondent/Complainant For Petitioner : M/s. Muthuvelan.V, Advocate.

For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr No.145/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 67A of IT Act in Crime No. 145 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant is that the petitioner had sent obscene message to her in Face Book and harassed her. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner and the defacto complainant were friends in Face Book and due to the dispute, a false complaint has been given against him. He would further submit that the petitioner is ready to file an undertaking affidavit that he will not disturb the defacto complainant in future and he seeks anticipatory bail. 1/3

4.The learned Government Advocate (Crl.side) would submit that the petitioner had sent obscene messages to the defacto complainant in her Face Book and harassed her and hence, he opposes to grant anticipatory bail to the petitioner.

5.Taking into consideration the facts and circumstances of the case and that the petitioner is ready to file an undertaking affidavit, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.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 Judicial Magistrate, Thenkasi, 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 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 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 file an undertaking affidavit in that he will not disturb the defacto complainant, before the concerned Judicial Magistrate as well as before the concerned Police Station. On filing the undertaking affidavit, the concerned Judicial Magistrate shall accept the sureties.

[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, every Saturday at 10.30 am until further orders. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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]. 2/3

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 20/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1.THE JUDICIAL MAGISTRATE, THENKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE INSPECTOR OF POLICE, SERNTHAMARAM POLICE STATION, SANKARANKOVIL TALUK, TENKASI DISTRICT.

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

+1 CC to M/s.MUTHUVELAN.V, Advocate ( SR-15237[I] dated 21/12/2022 )

ORDER

IN CRL OP(MD) No.22504 of 2022 Date :20/12/2022 RK/BUC/SAR-2 (28/12/2022) 3P/6C 3/3