Hari @ Hariharan, v. The Inspector Of Polie,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.4360 of 2018 HARI @ HARIHARAN ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLIE, DHANUSKODI POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO.10 OF 2018) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.RAMANATHAN, Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.10 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that while the defacto complainant going on the Fisherman Colony, the petitioner is said to have misbehaved with her. Thus, on complaint, a case has been registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) would submit that the investigation is still pending. 5.The submissions made by the learned counsel appearing on either side are considered. It is alleged, during the time of

occurrence, the petitioner attempted to remove the saree of the defacto complainant and no other allegation is levelled against the petitioner. Considering the nature of offences committed by the petitioner, this Court came to the conclusion that the custodial interrogation of the petitioner may not be necessary for completing the investigation. Hence, this Court is inclined to grant anticipatory bail with some stringent conditions to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rameswaram on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall stay at Theni and report before the Inspector of Police, Town Police Station, Theni daily at 10.00 am until further orders.

(ii)the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioner 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/- 20/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISRATE, RAMESWARAM, RAMANATHAPURAM DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM.

3 THE INSPECTOR OF POLIE, DHANUSKODI POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE INSPECTOR OF POLICE, TOWN POLICE STATION, THENI.

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

+1. CC to M/S.A.RAMANATHAN Advocate SR.No.4421

ORDER

IN CRL OP(MD) No.4360 of 2018 Date :20/03/2018 PK/RR-CSL/SAR-1/02.04.2018 : 3P/7C