Sankar v. The Inspector Of Police

CRL OP(MD). No.261 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.261 of 2022 Sankar ... Petitioner/Sole Accused Vs The state represented by The Inspector of Police, Alanganallur Police Station, Madurai District.

(Crime No.535/2021). ... Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan, Advocate.

For Respondent : Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.535 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 294(b), 323, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.535 of 2021, seeks anticipatory bail.

2.The case against the petitioner is that the petitioner had criminally trespassed into the house of the defacto complainant, threatened her daughter with knife and taken away her daughter. Hence, the complaint was registered against the petitioner. 3.On the side of the petitioner, it is stated that the petitioner and daughter of the defacto complainant loved each other and she came out of her home and both of them are major, got married and lived together as husband and wife. Only with this motive, a false case was foisted against the petitioner. Hence, prays to release him on anticipatory bail.

4.On the side of the respondent it is stated that the petitioner had trespassed into the house of the defacto complainant, abducted the daughter of the defacto complainant and abused the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.261 of 2022 defacto complainant and also caused simple injuries to her. However, it is fairly admitted that the injuries are simple in nature and the defacto complainant was treated as out patient. 5.In view of the submissions made by both sides and considering the nature of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Vadipatti, 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 Magistrate concerned and the petitioner shall appear before the concerned Court daily at 10.

30 am for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 07/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.SENTHIL MURUGAN C Advocate SR.No.127

ORDER

IN CRL OP(MD) No.261 of 2022 Date :07/01/2022 SS/JC/SAR-IV/11.01.2022 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2