Madras High CourtCRL OP(MD)/1337/2020granted

Raja v. The Inspector Of Police

2020-01-28Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1337 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1337 of 2020 Raja ... Petitioner/Sole Accused Vs STATE REP. BY The Inspector of Police, Puthanatham Police Station, Trichy District (CRIME No.9/2020) ... Respondent/Complainant For Petitioner : M/s.C.Shanmugasundaram, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.9 of 2020 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 447, 294(b), 323, 354 and 506(i) of I.P.C., in Crime No.9 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner is alleged to have attempted to misbehave with the defacto complainant. The defacto complainant was sleeping alone in her house. Her husband had gone on a pilgrimage. The petitioner is said to have trespassed into the house. As rightly pointed by the learned Government Advocate (Crl. Side), the allegations made against the petitioner are fairly serious. The issue concerns about the safety of a woman.

4. The petitioner shall file an affidavit before the Court below undertaking not to interfere with the life of the defacto complainant. He would totally keep off from her. If this undertaking is breached, the defacto complainant can move this Court for the relief of cancellation of anticipatory bail. Of course, this is without prejudice to his defence in the trial. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1337 of 2020

5. Subject to the aforesaid condition, 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 Judicial Magistrate, Manapparai, Trichy District, 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 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 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/- 28/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MANAPPARAI, TRICHY DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE PUTHANATHAM POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.SHANMUGASUNDARAM Advocate SR.No.1586

ORDER

IN CRL OP(MD) No.1337 of 2020 Date :28/01/2020 MK/SKN/SAR 4(31.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2