John Robert v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22352 of 2015
1. JOHN ROBERT ...1ST PETITIONER / ACCUSED No.1
2. KUNCHAN ...2ND PETITIONER / ACCUSED No.3 Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE TUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.
(CRIME NO. 772 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.E.ILANGO Advocate For Respondent : 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 341, 294(b), 379 and 506(i) IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No.772 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner waylaid the defacto complainant, snatched a sum of Rs.3,00,000/-, assaulted her, abused her in filthy language and threatened with dire consequences. 3.
The case of the petitioner is that the petitioner has not committed any offence and the petitioner is an innocent person and the alleged incident took place on 13.12.2014 and FIR has been registered on 29.08.2015 and the defacto complainant has given a false complaint only to settle the money dispute by way of criminal compliant.
4. The learned Government Advocate(Crl.side) submitted that the petitioner waylaid the defacto complainant and threatened her with dire consequence and assaulted her and snatched Rs.3 lakhs. 5.Considering the facts and circumstances of the case and also considering the fact that the occurrence took place on 13.12.2014 and the case has been registered on 29.08.2015, 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, Padmanabhapuram, 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/- 26/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE PADMANABHAPURAM
2. THE CHIEF JUDICIAL MAGISTRATE AT NAGERCOIL, KANYAKUMARI DISTRICT.
3. THE SUB INSPECTOR OF POLICE TUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S M.E.ILANGO Advocate SR.No.67717
ORDER
IN CRL OP(MD) No.22352 of 2015 Date :26/11/2015 SH/SKS-JGB/SAR-I:30.11.2015:2P/6C https://hcservices.ecourts.gov.in/hcservices/