Chidambaram, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2722 of 2018 1 CHIDAMBARAM 2 AMUTHA ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, SOUTH POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.

(CR.NO.82/2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.G.RADHAKRISHNAN 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 petitioners, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 324, 506(ii) & Section 4 of Tamilnadu Prohibition of Woman Harassment Act in Crime No.82 of 2018, seek anticipatory bail. 2.The case of the prosecution is that due to money dispute, the petitioners have abused the de facto complainant in filthy language and threatened with dire consequences and thereby assaulted the de facto complainant. Hence, the present case has been registered. 3.

The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners have not committed any offence as alleged by the prosecution and they are no way connected with the offences. There by, pleads for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate(Crl.side) submitted that injured has been discharged from the hospital. According to him investigation is still pending.

5.The submissions made by the learned counsels appearing on either side are considered. It is alleged that during the time of occurrence, due to the money transaction, the petitioners assaulted the de facto complainant. As of now, part of the investigation is completed. Apart from that, the person, who sustained injury was discharged from the hospital, after completing the treatment. Further more, except Section 506(ii) IPC and Section 4 of Tamilnadu Prohibition of Woman Harassment Act, all other Sections mentioned in this petition are bailable in nature. Accordingly, custodial interrogation may not be necessary for completing the investigation. 6.

Taking the above said aspects into consideration and having regard to the nature of offence committed by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, they 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 Judicial Magistrate No.I, Tuticorin, on condition that each of the petitioners shall execute a bond for a sum of Rs.

(i) the petitioners shall report before the respondent Police daily at 10.00 a.m. for a period of three weeks and thereafter, as and when required for interrogation.

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall not abscond either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioners shall stand automatically cancelled and 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].

sd/- 21/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TUTICORIN.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE, SOUTH POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.

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

+1. CC to M/S.G.RADHAKRISHNAN Advocate SR.No.2820

ORDER

IN CRL OP(MD) No.2722 of 2018 Date :21/02/2018 MKV-PM-PN-SAR 4/5.3.2018/3P-6C