Agarakaviarasan v. The Inspector 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.18069 of 2015 AGARAKAVIARASAN ... PETITIONER/ACCUSED NO.2 Vs STATE REP BY THE INSPECTOR OF POLICE PAPANASAM POLICE STATION, THANAJVUR DISTRICT. (CRIME NO.212/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.RAJAPRABU 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 arrayed as 2nd accused in Crime No.212 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 147, 294(b), 323, 354, 379 and 506(ii) of I.P.C. and hence, seeks anticipatory bail.

2.Heard both sides.

3.The case of the prosecution is that the de-facto complainant and the petitioner herein are stated to be related as wife and husband. It is stated that because of the matrimonial dispute, they are residing separately. The de-facto complainant is stated to have filed a complaint under the Domestic Violence Act in Bangalore. When the de-facto complainant along with her father has gone to Papanasam to see the child, it is alleged that the petitioner herein is stated to have abused them using filthy language and threatened them with dire consequences.

4. It is alleged that except this petitioner, all of them have already been released on anticipatory bail. It is admitted that nobody got injured and no weapon was used.

5.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 https://hcservices.ecourts.gov.in/hcservices/

District Munsif cum Judicial Magistrate, Papanasam, 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 condition 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 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE PAPANASAM 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE PAPANASAM POLICE STATION, THANAJVUR DISTRICT. +One cc to M/S.S.RAJAPRABU, Advocate, SR.No.55238 RL/6 C- 25/9/2015

ORDER

IN CRL OP(MD) No.18069 of 2015 Date :18/09/2015 https://hcservices.ecourts.gov.in/hcservices/