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Madras High CourtCRL OP(MD)/19395/2015allowed

Rajamani v. The Inspector Of Police

2015-10-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of October Two Thousand Fifteen PRESENTThe Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19395 of 2015 RAJAMANI ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE SOUTH THAMARAIKULAM POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO. 11/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.RM.ARUN SWAMINATHAN Advocate For Respondent : MRS.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 the sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 353 of I.P.C., and Section 4 of Tamil Nadu Prevention (Harassment of Women) Act, 2002, in pursuance of the non-bailable warrant issued in C.C.No.164 of 2015 on the file of the Judicial Magistrate No.II, Nagercoil and hence, seeks anticipatory bail.

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

3. The learned Government Advocate (Crl.side) submitted that NonBailable Warrant has been issued against the petitioner and the same is pending.

4. Considering the submissions made by the learned Government Advocate (Crl.side), 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 his arrest or on his appearance before the learned Judicial Magistrate No.II, Nagercoil 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 trial Court for all future hearing dates, except the date on which the petitioner files a petitioner under Section 317 of Cr.P.C for valid reasons. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

5. 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/- 08/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE INSPECTOR OF POLICE SOUTH THAMARAIKULAM POLICE STATION, KANYAKUMARI DISTRICT 2 THE JUDICIAL MAGISTRATE NO.II,NAGERCOIL 3 DO THRO'THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL 4 THE THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.RM.ARUN SWAMINATHAN Advocate SR.No.59461

ORDER

IN CRL OP(MD) No.19395 of 2015 Date :08/10/2015 JAM/AN-MP/SAR I /12.10.2015/ 2P-6C https://hcservices.ecourts.gov.in/hcservices/