Pandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23665 of 2015 PANDI ... PETITIONER/ACCUSED Vs.
STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT.
(CRIME NO. 143/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.J.CHAKKARAVARTHY 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 accused, in Crime No.143 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), and 506(i) IPC r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act and hence, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner cheated the defacto complainant by making false promise of marrying her and had sexual intercourse with her and on her complaint, the case has been registered in Crime No. 138 of 2015. Thereafter, the present case in Crime No.143 of 2015 has been registered for the offences under Sections 294(b), 506(i) IPC r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act. It is alleged in the present complaint that the petitioner has threatened the defacto complainant and abused her with filthy language.
3. It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail in favour of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate(Crl. Side) submitted that after registration of earlier case in Crime No.138 of 2015, the
petitioner has abused the defacto complainant with filthy language and hence, the present case has been registered by the respondent police in Crime No.143 of 2015.
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, Melur, Madurai 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 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/- 14/12/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT. +1. CC to M/S S.J.CHAKKARAVARTHY Advocate SR.No.71449 Akm/16.12.2015/ 2p- 5c/SKN/SK/SAR-I ORDER IN CRL OP(MD) No.23665 of 2015 Date :14/12/2015 https://hcservices.ecourts.gov.in/hcservices/