Nijithkumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Nijithkumar ... Petitioner/Sole Accused

Vs The State represented by The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District. (In Crime No.410 of 2023) ... Respondent/Respondent For Petitioner : Mr.R.Mohanasundaram, 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.410 of 2023 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 294(b), 417 and 506(ii) IPC in Crime No.410 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the defacto complainant had love affair and thereafter, the petitioner refused to marry her. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks anticipatory bail.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the petitioner on the pretext of love, threatened the defacto complainant. Hence, she objected to grant anticipatory bail to the petitioner.

5.On perusal of FIR, it is noticed that there is no sexual assault on the defacto complainant. Considering the facts and circumstances of the case, 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, Radhapuram, 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 report before the trial Court on summons. [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 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]. CRLeOP(MD)No.18189eofe2023 [f]oIfotheoaccusedothereafteroabsconds,oaofreshoFIRocanobeoregisteredounder Sectiono229AoIPC. oooooooooooooooooooooooooooo oooooooooooooooooooooosd/- ooooooooooooooooooooooooooooooooooo ooooo11/10/2023 oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo ooooooooooooooo/10/2023 ooooooooooooooooooooooooooo ooooooooooooSub-AssistantoRegistraro(C.S.ooo) ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo ooooooooMaduraio-o625o023.oo GNS TO 1oooTHEoJUDICIALoMAGISTRATE RADHAPURAM. 2oooDOoTHROUGHoTHEoCHIEFoJUDICIALoMAGISTRATE, TIRUNELVELI. 3oooTHEoINSPECTORoOFoPOLICE THISAYANVILAIoPOLICEoSTATION,oTIRUNELVELIoDISTRICT. 4oooTHEoADDITIONALoPUBLICoPROSECUTOR, ooo MADURAIoBENCHoOFoMADRASoHIGHoCOURT, ooo MADURAI.o +1oCCotooM/s.C.K.M.APPAJI,oAdvocateo(oSR-14970[I]odatedo11/10/2023o) ORDER IN CRL OP(MD) No.18189 of 2023 Date :11/10/2023 SS/DD/SAR- /19/10/2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023