Rajan v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18806 of 2015 RAJAN ... PETITIONER / 4TH ACCUSED Vs THE STATE REP.BY THE INSEPECTOR OF POLICE KULASEKARAM POLICE STATION, KANYAKUMARI DISTRICT, CR. NO.442 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S P.T.RAMESH RAJA 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 4th accused, apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 323, 506(i) IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.442 of 2015 on the file of the respondent Police and hence, seeks anticipatory bail. 2.According to the de facto complainant, on 20.09.2015 all the accused joined together and attacked the de facto complainant with hands and also threatened with dire consequence.

3.The learned counsel for the petitioner submitted that the de facto complainant is non other than the wife of the petitioner and due to matrimonial dispute a divorce proceeding is pending before the competent civil Court.

4.It is further submitted that the petitioner has been falsely implicated with an ulterior motive.

5.Heard the learned Government Advocate (Crl.side) appearing for the respondent Police.

6.Considering the facts and circumstances of the case, 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, Padmanabhapuram, 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 as and when required. 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/- 30/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PADMANABHAPURAM. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSEPECTOR OF POLICE KULASEKARAM POLICE STATION, KANYAKUMARI DISTRICT. +1. CC to M/S P.T.RAMESH RAJA Advocate SR.No.57572. TS/01.10.2015/2P - 6C SK-SKN/SAR -I ORDER IN CRL OP(MD) No.18806 of 2015 Date :30/09/2015 https://hcservices.ecourts.gov.in/hcservices/