Thamilan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. THAMILAN

2. SARAVANAN @ SARAVANAKUMAR ... PETITIONERS/ACCUSED NO.A1 & A2 VS STATE REP. BY THE INSPECTOR OF POLICE, BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT (CRIME NO.48 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioners : M/s.P.Balasubramanian, 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.48 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under sections 294(b), 323, 324 and 506(ii) of I.P.C. and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.48 of 2020on the file of the respondent police, seek anticipatory bail.

3. The learned Government Advocate (Crl. Side) pointed out that the petitioners were teasing the daughter of the defacto complainant 1/3

and when that was objected, the petitioners had attacked the defacto complainant. He also pointed that the petitioners are having one previous case.

4. The petitioners' counsel states that the petitioners would execute two individual letters of hand written apology addressed to the defacto complainant. The apology letter will be in unconditional terms. The petitioners will specifically undertake to totally keep off from the defacto complainant and his family including his daughter. Of course, it will be without prejudice to the petitioners' defence in the trial. If this undertaking is breached and if the petitioners are found to tease the defacto complainant's daughter, this Court will not hesitate to commit them to custody.

5. Subject to this condition, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Nilakkottai, Dindigul District, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioners 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/- 30/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NILAKKOTTAI, DINDIGUL DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

3 THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.P.BALA SUBRAMANIAN, Advocate ( SR-1861[I] dated 30/01/2020 )

ORDER

IN CRL OP(MD) No.1596 of 2020 Date :30/01/2020 IAS JM/VR/SAR 3/06.02.2020/3P/6C 3/3