Maruthi @ Maran vs State

A.D.Jagadish Chandira, J

The petitioner, who was arrested and remanded to judicial custody on 24.09.2022 for the offences punishable under Sections 451, 354A(1)(i), 323 of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.23 of 2022 on the file of the respondent police, seeks bail.

The case of the prosecution as per the defacto complainant Jeevitha is that on 21.09.2022 while she was standing infront of her house alone, the accused came there and pulled her inside the house and attempted to sexually abuse her and also inappropriately touched her and tore her inner garments and threatened her and later he ran away. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and due to previous enmity, a motivative complaint has been given against the petitioner. He would further submit that the fact remains that there was a quarrel between the petitioner and the defacto complainant, whereas exaggerated complaint was given by the neighbours known to the defacto complainant. He would further submit that now the defacto complainant has filed an affidavit in which she has stated that she has only signed in the complaint other than that she is not aware of contentions of the complaint. He would submit that the petitioner is in custody from 24.09.2022 and he is ready to abide any stringent condition as imposed by this Court and he also undertakes that he will not interfere with the defacto complainant any more. Hence, he prays for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is a History Sheeter Rowdy . He would further submit that the petitioner has misbehaved with the defacto complainant and threatened her. Based on the complaint given by the defacto complainant, the case has been registered. Hence, he opposed for grant of anticipatory bail to the petitioner.

Ms.V.Kayalvizhi, learned Counsel appearing for the Intervenor would submit that there was a quarrel between the petitioner and the defacto complainant other than that the allegations are not true and some of the neighbours have written the complaint and the defacto complainant without going through the details of the complaint has signed the complaint and no such accident had happened and thereby she would submit that the defacto complainant has no objection to grant bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and the learned counsel for the Intervenor and perused the materials available on record including the affidavit of the defacto complainant.

Taking into consideration the facts and the submissions made by both counsel, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties each for a like sum to the satisfaction of learned Judicial Magistrate -I, Poonamalle 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 report before the respondent police everyday at 10.30 a.m., for a period of two weeks and on every Saturday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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];

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