Madras High CourtCRL OP(MD)/10458/2015allowed

R. Mohan v. The Sub Inspector Of Police

2015-06-11Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10458 of 2015 R.MOHAN ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE Y-OTHAKADAI POLICE STATION, MADURAI DT, CRIME NO.NOT KNOWN OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.R.S.SIVARAM Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the first accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 323 of I.P.C and Section 4 of Women Harassment Act, in unknown Crime Number of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 02.06.2015, due to a civil dispute, the petitioner along with other two accused had beaten the defacto complainant and torn her saree.

3. The learned counsel for the petitioner submitted that the petitioner and the defacto complainant are neighbours and due to a civil dispute, the petitioner has been falsely implicated in this case.

4. Heard the learned Government Advocate (Crl.side) and no injury has been caused by the petitioner.

5. Considering the submissions made by the learned Government Advocate (Crl.side) and also considering the fact that no injury has been caused by the petitioner, this Court is inclined to grant anticipatory bail to the petitioners, 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 Judicial Magistrate, Melur 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 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 petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned 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/- 11/06/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE SUB INSPECTOR OF POLICE, Y-OTHAKADAI POLICE STATION, MADURAI DT. +1. CC to M/S.R.S.SIVARAM Advocate SR.No.30257 ORDER IN CRL OP(MD) No.10458 of 2015 Date :11/06/2015 PBK/AMF 15/06/2015 ::2P-6C::

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