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Madras High CourtCRL OP(MD)/9485/2019ordered

Ahamed Khan, v. The Inspector Of Police

2019-07-04Honourable Mr Justice G.R.Swaminathan2 pages

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2019 PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD). No.9485 of 2019 Ahamed Khan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Elathur Police Station, Tirunelveli District.

(Crime No.138/2019) ... Respondent/Complainant For Petitioner : M/s.Sp.Naveen Kumar, Advocate.

For Respondent : M/s.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Cr.No.138 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioner/sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 352,354 of IPC and Section 4 of Tamil Nadu Women Harassment Act, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the wife of the petitioner's friend and he is working abroad. Whileso, on 24.05.2019 when the defacto complainant was proceeding towards petitioner's agriculture farm, the petitioner herein abused her.

3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has committed any offence as alleged by the prosecution.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that investigation is still pending.

5.Considering the above facts and circumstances of the case , this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Shencottah on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and 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.

7.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/- 04/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SHENCOTTAH.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, ELATHUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.SP.NAVEEN KUMAR Advocate SR.No.11072

ORDER

IN CRL OP(MD) No.9485 of 2019 Date :04/07/2019 MS/PN/SAR-1/04.07.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/