Allowed

K.Elumalai v. the Inspector of Police

Madras HC11 Jul 2023CRL OP/12524/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a criminal complaint involving IPC offences and the TN Prohibition of Harassment of Women Act. The petitioner was directed to execute a bond with two sureties, report daily to the police, and comply with standard conditions to prevent tampering with evidence or absconding.

What did the court decide?

Petitioner ordered to be released on bail if arrested or on appearance before the Magistrate within 15 days, subject to bond execution and compliance with specified conditions.

K.Elumalai Vs the Inspector of Police — Bail and Remand | Madras HC (2023)

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Crl.O.P.No.12524 of 2023

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Crl.O.P.No.12524 of 2023

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G.CHANDRASEKHARAN. J.

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The petitioner who apprehends arrest at the hands of the

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respondent police for the alleged offence under Sections 294 (b), 509, 506 (1) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.258 of 2023, on the file of the respondent police, seeks anticipatory bail.

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Learned counsel for the petitioner submitted that petitioner

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is falsely implicated in this case due to previous enmity and prayed for anticipatory bail for the petitioner.

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In response, the learned Government Advocate (Crl.Side)

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submitted that there is no previous enmity between the defacto complainant and the accused. On 17.04.2023, at about 2 p.m., accused

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started laughing at defacto complainant. When defacto complainant questioned the same, petitioner said to have scolded her in filthy language and thus this complaint.

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.12524 of 2023

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4.Considering the nature of the allegations made against the petitioner, this Court is of the view that custodial interrogation of the petitioner is not necessary and this Court is inclined to grant anticipatory bail to the petitioner. Therefore, 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, Cheyyur, 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:

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[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.

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.12524 of 2023

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[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders;

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

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[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].

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

11.07.2023

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.12524 of 2023

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G.CHANDRASEKHARAN. J.

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sli

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Crl.O.P.No.12524 of 2023

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11.07.2023

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Page 4 of 4

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https://www.mhc.tn.gov.in/judis

K.Elumalai v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Elumalai v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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