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Madras High CourtCRL OP(MD)/13461/2018granted

Vairamuthu v. The Inspector Of Police

2018-08-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13461 of 2018 VAIRAMUTHU ... PETITIONER / ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE SOOLAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

Crime No. 214 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.G.MARIAPPAN Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 324, 354, 506(ii) IPC r/w. Section 4 of Women Harassment Act, in Crime No.214 of 2018 seeks anticipatory bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.

3. The petitioner had assaulted his father over a property claim between them. This Court directed the petitioner to file an undertaking affidavit, if the petitioner wanted relief before this Court. Accordingly, undertaking affidavit has been filed by the petitioner and the same is taken on record. If the said undertaking is breached, it is open to the affected party to move this Court for protecting his right by invoking the provisions of Contempt of Courts Act.

4. Subject to this condition, this Court is 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 Judicial Magistrate No.II, Virdudhunagar, and on his executing a bond for a https://hcservices.ecourts.gov.in/hcservices/

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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.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 shall stand dismissed.

sd/- 02/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO II,VIRUDHUNAGAR. 2.THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTOOR.

3.THE INSPECTOR OF POLICE SOOLAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.G.MARIAPPAN Advocate SR.No.14810

ORDER

IN CRL OP(MD) No.13461 of 2018 Date :02/08/2018 TK/RR/SAR.4/11.08.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/