Madras High CourtCRL OP(MD)/19089/2015allowed

Jagan@Jaganathan v. The Inspector Of Police

2015-10-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19089 of 2015 JAGAN @ JAGANATHAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

(CR.NO. 850/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S B.BRIJESH KISHORE 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 petitioners, who is sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 283,294(b),506(i) of IPC, and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.850 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.According to the defacto complainant, he is the driver of J.C.B. Vehicle bearing Registration No.Py-01 AD 2578 and after completing his work in the land belonging to one Jeeva, he was returning to his home and at that time, the accused stopped the vehicle and abused him in filthy language.

3.The learned counsel for the petitioner submitted that there is a civil dispute is pending between the said Jeeva and the petitioner in O.S.No. 223 of 2015 before the District Munsif Court, Padmanabhapuram. He further submitted that in I.A.No. 1136 of 2015, the Court has granted an order of Status Quo. While so, at the instigation of the said Jeeva, the present complaint has been filed against the petitioner. 4 .Heard the learned Government Advocate (Crl.Side) appearing for the respondents.

5.Considering the facts, 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, Padmanaphapuram https://hcservices.ecourts.gov.in/hcservices/

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 condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., for a period of two weeks and thereafter, as and when required. 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 made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 05/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PADMANAPHAPURAM. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

+1. CC to M/S B.BRIJESH KISHORE Advocate SR.No. 58576. TS/08.10.2015/2P - 6C DP/SAR -I

ORDER

IN CRL OP(MD) No.19089 of 2015 Date :05/10/2015 https://hcservices.ecourts.gov.in/hcservices/