Parthiban, Aged 45 Years, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.18969 of 2018 1 PARTHIBAN, [ PETITIONERS / ACCUSED ] 2 MURALI, Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, K-4, ANNA NAGAR POLICE STATION, CHENNAI DISTRICT.

CR. NO. 609 OF 2018.

For Petitioner : M/S.S.P.MEENAKSHISUNDARAM Advocate For Respondent : MR. M.MOHAMED RIYAZ, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners seek anticipatory bail in Crime No.609 of 2018 registered by the respondent police for the offences punishable under Sections 294(b) and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. The case of the prosecution as per the defacto complainant is that due to wordy quarrel, the petitioners abused the defacto complainant with filthy language and criminally intimidated him.

3. The learned counsel for the petitioners submitted that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners are willing to abide by any condition that may be imposed on them and hence, they may be granted anticipatory bail.

4. The Additional Public Prosecutor would submit that the petitioners abused the defacto complainant with filthy language and also criminally intimidated him. He would submit that no one sustained injury.

5. Taking into consideration the facts of the case and the submissions made by the counsel on either side, I am inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned V Metropolitan Magistrate, Egmore, Chennai, on condition that each of 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 said on further condition that:- [a] if the petitioners fail to surrender before the concerned Magistrate, within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

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

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

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 01/08/2018 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, EGMORE, CHENNAI.

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

4 THE INSPECTOR OF POLICE, K-4, ANNA NAGAR POLICE STATION, CHENNAI DISTRICT.

+1 CC to M/S.S.P.MEENAKSHISUNDARAM Advocate on payment of necessary charges SR.NO. 14283 CRL OP.18969/2018 Date :01/08/2018 TA-09/08/2018