Madras High CourtCRL OP(MD)/19445/2015allowed

Rajiv Kumar v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19445 of 2015 RAJIV KUMAR ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE PALUGAL POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO. 230/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.C.HEROLD SINGH Advocate For Respondent : M/S.S.PRABHA, Govt. 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), 452 of I.P.C. and Section 3(1) of TNPPDL Act, 1992 and Section 4 of Tamil Nadu Women Harassment Act, 2012 in Crime No.230 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant that on 30.09.2015, while the de-facto complainant was alone at her home, the accused trespassed into the house and caused damages to asbestos sheet, LCD TV, music system, mixi and other utensils and also abused her in filthy language.

3. The learned counsel for the petitioner submitted that the de-facto complainant is none other than the sister-in-law of the petitioner and due to pathway dispute, the petitioner was assaulted by her son, for which a complaint was given against him, as a counter-blast, the present complaint is filed against the petitioner.

4. Heard the learned Government Advocate (Crl.side).

5. 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 his arrest or on his appearance before the learned Judicial Magistrate No.I, Kuzhithurai and on his https://hcservices.ecourts.gov.in/hcservices/

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. until further orders. 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/- 09/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I KUZHITHURAI.

2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGARCOIL.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE PALUGAL POLICE STATION, KANYAKUMARI DISTRICT.

+1. CC to M/S.S.C.HEROLD SINGH Advocate SR.No.59534

ORDER

IN CRL OP(MD) No.19445 of 2015 Date :09/10/2015 rg.13.10.2015/AMF/SAR-I 2P/6C.

https://hcservices.ecourts.gov.in/hcservices/