Muniyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/03/2022 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Muniyasamy, ... Petitioner/Sole Accused Vs THE STATE REP BY, The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

(Crime No.38/2020).

... Respondent/Complainant For Petitioner : Mr.N.Saravanan,Advocate.

For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.38/2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 447, 354 of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.38 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. When the matter was taken up for hearing, the learned Government Advocate submitted that the petitioner had committed similar offences in the past. I therefore indicated that if the 1/3

petitioner files an affidavit before this Court that in future, he will not involve himself in any such offence, I will be inclined to consider the same. Accordingly, the affidavit was executed by the petitioner and the same had been served on the respondent. The copy has been filed before this Court also.

4. The petitioner is warned that if this undertaking is breached, apart from prosecution, this Court would also initiate contempt proceedings against him. Only because an undertaking of this nature has been given, the relief is granted in this petition.

5. In view of the above, I am 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, Mudukulathur, Ramanathapuram District, 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 respondent police as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 07/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Rmi 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, MUDUKULATHUR, RAMANATHAPURAM DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

2/3

3 THE INSPECTOR OF POLICE, MUDUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.N.SARAVANAN, Advocate ( SR-1757[I] dated 07/03/2022 )

ORDER

IN CRL OP(MD) No.3208 of 2022 Date :07/03/2022 PKP/VR/SAR-3/11.03.2022/3P/6C 3/3