Muthukalai v. The Deputy Superintendent Of Police

CRL OP(MD). No.897 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.897 of 2020 Muthukalai ... Petitioner/Accused No.4 Vs

1. The Deputy Superintendent Of Police, Samayanallur, Madurai District 625 402 ... 1st Respondent

2. The state rep. By its The Inspector of Police, Samayanallur Police Station, Madurai District.

Crime No.573 of 2017 ... 2nd respondent/Complainant

3. Mariyammal ... 3rd Respondent/Defacto Complainant For Petitioners : M/s. S. Sankar, Advocate.

For Respondents : Mr.A.Robinson, Govt. Advocate (Crl.Side) for R1 & R2 PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.573 of 2017 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C., Section 4 of Tamilnadu Prohibition of Harassment of Women Act and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, in Crime No.573 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The victim has been notified and she had acknowledged the receipt of the intimation. She does not appear to have any serious objection.

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CRL OP(MD). No.897 of 2020

4. On going through the contents of the FIR, it is seen that a minor road accident has been given a communal colour. The petitioner's counsel on instructions states that the petitioner will take a demand draft for a sum of Rs.5,000/- favouring the third respondent and enclose the same along with the surrender petition. The Court below shall take steps to hand over the same to the third respondent through the respondent. Of course, this would be without prejudice to the petitioner's defence in the trial.

5. Recording the said undertaking, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned PCR Court (Special Court), Madurai, 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 Court concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioner shall appear before the concerned Court within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 27/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE PCR COURT(SPECIAL COURT), MADURAI 2 THE DEPUTY SUPERINTENDENT OF POLICE, SAMAYANALLUR, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT , MADURAI +1. CC to M/S. S.SANKAR Advocate SR.No.1529 ORDER IN CRL OP(MD) No.897 of 2020 Date :27/01/2020 MK/SKN/SAR 4(31.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2