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Madras High CourtCRL OP(MD)/18099/2015allowed

Kottar@Ani v. The Sub Inspector Of Police

2015-09-23Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18099 of 2015 KOTTAR @ ANI ...PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE PALUGAL POLICE STATION, KANYAKUMARI DISTRICT.

CR.No. 210 of 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S C.K.M APPAJI Advocate For Respondent : M/S.S.Prabha 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 the sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 427 and 506(ii) of I.P.C., r/w Section 4 of Women Harassment Act, in Crime No.210 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the petitioner and the husband of the de-facto complainant, the petitioner entered into the house of the de-facto complainant and broken the windows and caused damages.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) would submit that the the petitioner entered into the house of the de-facto complainant and broken the window and door and caused damage to the tune of Rs.2,500/-.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Kuzhithurai and on 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 https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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 stands dismissed. sd/- 23/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, KUZHITHURAI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB INSPECTOR OF POLICE, PALUGAL POLICE STATION, KANYAKUMARI DISTRICT.

+1. CC to M/S C.K.M APPAJI Advocate SR.No. 56379. TS/30.09.2015/2P - 6C GSV-PM/SAR -II

ORDER

IN CRL OP(MD) No.18099 of 2015 Date :23/09/2015 https://hcservices.ecourts.gov.in/hcservices/