Gobukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of May Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.6396 of 2019 1.GOBUKUMAR 2 SUSEELA 3 SHANTHA, 4 NARENDRAN, ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE GANDAMANUR VILAKKU POLICE STATION, THENI DISTRICT.

(CRIME NO.113 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.A.K.MANICKAM Advocate For Respondent : M/S.S.BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 341 IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 1998 in Crime No.113 of 2019 on the file of the respondent police, seek anticipatory bail. 2.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence, however, he seeks permission of this Court to withdraw this Criminal Original Petition in respect of first petitioner and he has also made an endorsement to that effect. 3.It is submitted by the learned Government Advocate (Crl.Side) that investigation is pending.

4.The learned counsel for the intervenor vehemently opposed for granting anticipatory bail to the petitioners by submitting that if the petitioners are granted anticipatory bail, they will harass the defacto complainant.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioners 2 to 4 are only in-laws of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners 2 to 4 with certain conditions. Accordingly, the petitioners 2 to 4 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Aundipatti and on each of them 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 petitioners 2 to 4 shall appear before the respondent police daily twice at 10.30 a.m., and 5.00 p.m., for a period of two weeks and thereafter, as and when required. The petitioners 2 to 4 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5. The petitioners 2 to 4 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.

6. In view of the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdrawn in respect of the first petitioner. sd/- 08/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, ANDIPATTI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3.THE INSPECTOR OF POLICE GANDAMANUR VILAKKU POLICE STATION, THENI DISTRICT.

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

+1. CC to MR.A.K.MANICKAM Advocate SR.No.8108

ORDER

IN CRL OP(MD) No.6396 of 2019 Date :08/05/2019 AE/JC/SAR-I/ (10.05.2019) 3P 6C