Rajesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.2137 of 2022 Rajesh ... Petitioner/1st Accused Vs State rep.by The Inspector of Police, All Women Police Station, Alangudi, Pudukkottai District.

(Crime No.12 of 2021). ... Respondent/Complainant For Petitioner : M/s. Baalasundharam K., Advocate. For Respondent : M/s.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.12 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 376 (1) r/w 511, 506(ii), 509 and 354 (c) of IPC, in Crime No.12 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. Reading of the FIR shows that some sort of inducing behaviour on the side of the petitioner towards the defacto complainant. It appears that there was illegal relationship between the defacto complainant and the petitioner herein. It was brought to the notice of this Court that the above said illegal affair was

brought to the knowledge of the defacto complainant's husband. On his intention and intervening that affair was discontinued. Subsequent to that only this occurrence had said to have taken place.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that investigation is pending.

5. Considering the fact that the defacto complainant was having illegal intimacy on the previous occasion, this Court is of the opinion that whether the averments made by her in the FIR is true or false can be the matter of investigation. Therefore, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Alangudi, on condition that the petitioner shall execute 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 the petitioner shall appear before the respondent police daily at 10.30 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/- 03/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, ALANGUDI.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGUDI, PUDUKKOTTAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2137 of 2022 Date :03/02/2022 SP/JM/SAR IV/10/02/2022/3P/5C