M.Pragatheeswaran Vs State Represented by The Inspector of Police

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.1024 of 2024, on the file of the respondent police, seeks anticipatory bail.

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Crl.OP.No.32392 of 2024

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The case of the prosecution is that A1 promised to marry the

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defacto complainant and based on that promise, received a sum of Rs.50 lakhs as a loan for developing his business along with 14.5 sovereigns of gold jewels; and that he neither returned the amount nor married the defacto complainant, as promised by him. The allegation against the petitioner is that he is the father of A1 and received the gold jewels from his son and pledged the same. Hence, the case.

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Learned counsel for the petitioner would submit that the petitioner has already redeemed 10 sovereigns of gold jewels and handed over to the defacto complainant, and the remaining 4.5 sovereigns of gold shall be handed over to the defacto complainant on or before 05.03.2025; and in any case, the custodial interrogation of the petitioner is not required and hence prayed to grant anticipatory bail to the petitioner.

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Learned counsel for the intervener submitted that it is A1 who had

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received the money and that the petitioner returned 10 sovereigns of gold jewels and has agreed to return 4.5 sovereigns of gold jewels.

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Crl.OP.No.32392 of 2024

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The learned Government Advocate (Criminal Side) appearing for the respondent reiterated the prosecution case and on instructions, submitted that the petitioner returned 10 sovereigns of gold jewels to the defacto complainant.

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Heard the learned counsel for the petitioner, learned counsel for the intervener and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

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Considering the nature of allegations, and the undertaking given by the petitioner to hand over the remaining jewels of 4.5 sovereigns to the defacto complainant on or before 05.03.2025 and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

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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 of receipt of a copy of this order, before the learned Judicial Page No.3 of 6

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Crl.OP.No.32392 of 2024

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Magistrate No.II, Poonmallee, o n condition that each petitioner shall execute a separate 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 conditions 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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[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.

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

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

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[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 Page No.4 of 6

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Crl.OP.No.32392 of 2024

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as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala

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[(2005)AIR SCW 5560].

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[g] If the accused thereafter abscond, a fresh FIR can be registered

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under Section 269 B.N.S.