The court has the discretion to grant bail to an accused person if it is satisfied that the accused will not abscond or tamper with evidence or witnesses.

Crl.O.P.No.666 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.01.2023

CORAM :

THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI

Crl.O.P.No.666 of 2023

N.Bharath,

S/o.Nagaraj

... Petitioner

Vs.

State rep. by

The Inspector of Police,

Thirvottiyur Police Station,

Chennai District.

(Crime No.969 of 2022) ... Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of

Criminal Procedure Code to enlarge the petitioner on bail in Crime

No.969 of 2022 pending on the file of respondent police.

For Petitioner

: Mr.V.Gunasekar

For Respondent

: Mr.S.Vinoth Kumar,

Govt. Advocate (Crl.Side.)

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O R D E R

The petitioner, who was arrested and remanded to judicial custody

on 18.12.2022 for the alleged offence under Sections 294(b),

354A(1)(ii), 506(ii) of IPC and Section 4 for Prohibition of Women

Harassment Act in Crime No.969 of 2022 on the file of the respondent

police, seeks bail.

2. The case of prosecution is that the petitioner and the defacto

complainant are school friends even after completion of school they were

contact each other. According to the defacto complainant, in recent days

the petitioner is making video calls and demanding sexual favours from

the defacto complainant. Hence, the complaint.

3. The learned counsel appearing for petitioner submitted that

defacto complainant along with three others had attacked the petitioner

and had taken away his bike and mobile and hence, the complaint came

to be lodged by the petitioner and this is a complaint filed to wreck

vengence. He would submit that he has not at all committed any of

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Crl.O.P.No.666 of 2023

offence as alleged by the respondent police and he has been falsely

implicated in this case and he will abide by any condition imposed by

this court. He would further submit that the investigation is almost

completed and that the petitioner has been suffering incarceration from

18.12.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for

respondent would submit that both of them are school friends and it is

complaint of the defacto complainant that he is sexually harassing her

through whatsapp and chatting messages, cell phone seized and

investigation is on. He would submit that that if he is released on bail, he

would tamper the witnesses and hamper the investigation and the

investigation is almost completed. Hence, he vehemently opposed to

grant bail to the petitioner.

5. Considering the nature of the offence alleged, the petitioner is

prohibited for making calls to the defacto complainant either video calls

or whatsapp messages. Considering the period of incarceration

undergone by the petitioner, this Court is inclined to grant bail to the

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Crl.O.P.No.666 of 2023

petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on

condition to 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 learned Judicial Magistrate, Thiruvottiyur Court, and on

further conditions that:

(a) the sureties shall affix their photographs and Left

Thumb Impression in the surety bond and the learned

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 on every Sunday at 10.30 a.m. for the period of three

months ;

(c) the petitioner shall not commit any offences of similar

nature;

(d) the petitioner shall not abscond either during

investigation or trial;

(e) the petitioner shall not tamper with evidence or

witness either during investigation or trial;

(f) on