Benito Rayappan v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mrs.Justice S.VIMALA CRL OP(MD) No.18035 of 2015 BENITO RAYAPPAN .. PETITIONER/SOLE ACCUSED Vs THE INSEPECTOR OF POLICE ALWAR KURUCHI POLICE STATION, THIRUNEVELIL DISTRICT (IN CRIME NO.198 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S V.ANGUSAMY Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused in Crime No.198 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 506(ii) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Women Harassment Act and hence, seeks anticipatory bail.

2. Heard both sides.

3.The case of the prosecution is that there is a dispute on account of claim for partition between the petitioner and the defacto complainant. It is also stated that the de-facto complainant only suffered simple injury.

4.Considering the stated circumstances, 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 Ambasamudram 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 once in a week, i.e., on every Sunday, https://hcservices.ecourts.gov.in/hcservices/

at 10.30 a.m. until further orders. The petitioner shall comply with the condition 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 18/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, AMBASAMUDRAM 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSEPECTOR OF POLICE ALWAR KURUCHI POLICE STATION, THIRUNEVELI DISTRICT +1. CC to M/S V.ANGUSAMY Advocate SR.No.55274 RL/6 C- 25/9/2015

ORDER

IN CRL OP(MD) No.18035 of 2015 Date :18/09/2015 https://hcservices.ecourts.gov.in/hcservices/