R.Annamalai, Aged 45 Yrs, v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.8286 of 2017 R.ANNAMALAI [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] K-9, THIRU-VI-KA- NAGAR POLICE STATION, CHENNAI, CR.NO.691/2017.

For Petitioner : M/S.T.V.G.KARTHEEBAN Advocate For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 294(b), 341, 323, 324, 325 and 506(ii) IPC and Section 4 of the Women Harassment Act, on the file of the respondent police, in Crime No.691 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that on 18.04.2017, the petitioner assaulted the de-facto complainant, who is wife of the petitioner herein and harassed her.

3. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Criminal Side) opposed the petition contending that investigation is not yet over. However, he concedes that the injured has been discharged from the hospital.

5. Considering the nature of the offences, discharge of the victim from the Hospital, the relationship between the petitioner and the de-facto complainant and also considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner for the alleged other offences, except Section 506(ii), with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Metropolitan Magistrate No.V, Allikulam, Egmore, and on executing 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 Magistrate concerned and on further condition to appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. The petitioner shall appear before the concerned Judicial Magistrate within a period of three weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

-sd/- 04/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE METROPOLITAN MAGISTRATE NO.V, ALLIKULAM EGMORE..

2 THE CHIEF METROPOLITAN MAGISTRATE EGMORE CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE K-9, THIRU-VI-KA- NAGAR POLICE STATION, CHENNAI.

+1 CC to M/S.T.V.G.KARTHEEBAN Advocate on payment of necessary charges SR.NO.8239 CRL OP.8286/2017 Date :04/05/2017 PTI-05/05/2017