Madras High CourtCRL OP/8486/2017granted

Prasanth,26 v. The State Rep. By,

2017-05-04Honourable Mr Justice P. Kalaiyarasan2 pages

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.8486 of 2017 PRASANTH, [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY, [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUVANNAMALAI, TIRUVANNAMALAI DISTRICT.

CR.NO.06 OF 2016 For Petitioner : M/S.B.JAWAHAR Advocate For Respondent : MR. B.JAWAHAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 376, 294(b) and 506 (i) IPC on the file of the respondent and seeks anticipatory bail.

2. The case of the prosecution is that the petitioner promising to marry the victim girl swetha had intercourse with her several times and cheated her. Further, he also threatened her with dire consequence by abusing her with filthy language.

3. The learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case, that he is having permanent residence and therefore, he may be granted Anticipatory Bail.

4. The learned Government Advocate (Crl. side) opposes this application contending that investigation is not yet over.

5. Admittedly, the complaint is dated 13.04.2016 and till date, the petitioner has not been apprehended by the police. The petitioner is also having permanent residence and the age of the victim girl is 22 years.

6. Considering the above facts, this Court is inclined to grant Anticipatory Bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.I, Tiruvannamalai and on his 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 Judicial Magistrate concerned and on further condition that the petitioner shall 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.

8. The petitioner shall appear before the concerned Judicial Magistrate within a period of 15 days 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 JUDICIAL MAGISTRATE, NO.I, TIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUVANNAMALAI, TIRUVANNAMALAI DISTRICT.

+1 CC to M/S.B.JAWAHAR Advocate on payment of necessary chargesSr.8429 CRL OP.8486/2017 Date :04/05/2017 ths : 09.05.2017