Arunkumar vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 22.11.2022 for the alleged offences punishable under Sections 417, 420 and 376 of I.P.C. in Crime No.210 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that the petitioner is aged about 32 years and the defacto complainant is aged about 30 years. This petitioner was introduced with the defacto complainant through matrimonial site, and thereby, both had a love affair and this petitioner had a physical relationship with her at several times by assuring that he will marry her, but he failed to perform the marriage as he assured. Hence, the complaint was registered against the petitioner.

The learned counsel for the petitioner submitted that the defacto complainant is working as a Technical Professor at Jio Reliance and she registered her name in a matrimonial site for marriage, through which, both developed love affair with each other, and while so both had roamed at several places and she also stayed with him with her own wish and will. He would submit that now often there was a wordy quarrel between them, as a result of which, there was break up in their relationship and taking revenge of the same, she had lodged the present false complaint against him. He would submit that he has not at all committed any offence as alleged by the respondent police and he will abide by any condition that may be imposed by this Court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 44 days from 22.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned counsel for Intervenor would submit that both have introduced through matrimonial site and by giving false promise to marry her, the petitioner had physical relationship with her and now he refused to marry her. Hence, she prayed to dismiss this petition.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that on the introduction of themselves through matrimonial site, they developed love affair and had a physical relationship and now he is refusing to get her married. He would also submit that the investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses Hence, he strongly opposed to grant bail to the petitioner.

Considering the above facts and circumstances and also the fact that petitioner is aged about 32 years and she is aged about 30 years and on the introduction of both the petitioner and defacto complainant through matrimonial site, both had a love affair and roamed at several places and the investigation is almost completed, and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees fifty thousand only) into the credit of Crime No.210 of 2022 and on such deposit, the petitioner is ordered to be released on bail on his executing 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 learned Addl. Mahila Judge, Alandur and on further conditions that:

(a) 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 appear before the respondent police on alternative days at 10.30 a.m. until further orders;

(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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.