Dr. Ramakrishnan v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025 PRESENT THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Ramakrishnan ... Petitioner / Sole Accused Vs.
The State rep by, The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.
(Crime No.20 of 2024) ... Respondent/Respondent Vennila ... Petitioner/Defacto Complainant in Crl MP(MD)No.108 of 2025 in CRL OP(MD)No.22587 of 2024 PRAYER: Criminal Miscellaneous Petition filed under Section 438 of BNSS, praying to enlarge the petitioner on anticipatory bail. For Petitioner :
Mr.R.Kannan For Respondent :
Mr.A.Albert James, Government Advocate (Crl. Side) For Intervenor :
Mr.V.Kathirvelu Senior Counsel for Mr.K.Prabhu 1/6
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 354, 506(i) of IPC r/w. Sections 65, 66 of IT Act, in Crime No.20 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. When the matter came up for hearing on 06.01.2025, the following order was passed by this Court:
"The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 354, 506(i) of IPC r/w. Sections 65, 66 of IT Act, in Crime No.20 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor appearing on behalf of the respondent police and the learned senior counsel appearing on behalf of the intervenor.
3. Taking into consideration the facts and circumstances of the case and the nature of allegations made in this case, this Court 2/6
proposes to direct the petitioner to appear before the respondent police for enquiry as and when called for. The petitioner shall also surrender the relevant mobile phone before the respondent police in order to enable the respondent police to make a progress in this case.
4. The petitioner shall be present before the respondent police on 09.01.2025 at 04.00 p.m. and thereafter, as and when called for enquiry by the respondent police.
5. Post this case on 27.01.2025. In the meantime, the respondent police need not arrest the petitioner."
3. When the matter was taken up for hearing today, the learned Government Advocate brought to the notice of this Court that the defacto complainant has filed Crl.O.P.(MD) No.22026 of 2024 seeking for transfer of investigation. In that petition, a status report has been filed prepared by the Superintendent of Police, Madurai District and a copy of the same was placed before this Court.
4. On carefully going through the status report, it is seen that the investigation has been sufficiently undertaken in this case and there is no need for any custodial 3/6
interrogation of the petitioner. Hence, 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 on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thirumangalam, 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 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] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. 4/6
[c] the petitioner shall report before the respondent police as and when required for interrogation.
[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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 27/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
PKN 5/6
TO 1 THE JUDICIAL MAGISTRATE THIRUMANGALAM, MADURAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION (AWPS), THIRUMANGALAM, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.22587 of 2024 Date :27/01/2025 SS/SKN/SAR- /14/02/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6