Ramachandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20427 of 2015 RAMACHANDRAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs State represented by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKKOTTAI, TUTICORIN DISTRICT.

(CRIME NO.30 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S V.MALAIYENDRAN Advocate For Respondent : Mr.K.Anbarasan, 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 arrayed as accused No.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.30 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.

The case of the prosecution is that the defacto complainant's husband left her and she is residing alone and at that time, the petitioner developed relationship with the defacto complainant, due to which, the defacto complainant gave 10 sovereign of gold jewels to the petitioner for his business purpose. Subsequently, he did not maintain the defacto complainant. In the year 2014, when she demanded the jewels, the petitioner threatened her with dire consequences and abused her in filthy language. Therefore, the case has been registered for the above said offences.

3.The case of the petitioner is that he is an innocent person and he has been falsely implicated in this case and there was a partition dispute between the petitioner and his brother. Due to that, the defacto complainant attempted to interfere with the enjoyment of the property of the petitioner and the same was questioned by the petitioner. Hence, the defacto complainant has given a false complaint. 4.The learned Government Advocate (Crl.side) submitted that when the defacto complainant demanded the jewels from the petitioner, the petitioner threatened her with dire consequences and abused her with filthy language.

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

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/- 10/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,TUTICORIN 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKKOTTAI, TUTICORIN DISTRICT.

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

sm:AMF:SAR II:15.12.2015:2P/5c

ORDER

IN CRL OP(MD) No.20427 of 2015 Date :10/12/2015 https://hcservices.ecourts.gov.in/hcservices/