R.Ananthakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.3633 of 2022 R.Ananthakumar ... Petitioner/2nd Accused Vs
1. State rep.by The Inspector of Police, E-1 K.Pudur Police Station, Madurai District (Crime No.1332 of 2021).
2. The Commissioner of Police, Madurai City, Alagar Kovil Road, Madurai.
... Respondents/Complainants (*)3. Ilakkiya ... 3rd Respondent/Defacto Complainant (*) (R3 Suo Motu Impleaded as per order of this Hon`ble Court dated 22.02.2022 in Crl.OP.(MD).
No.3633/2022 by GIJ) For Petitioner : Mr.P.Sivachandran, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 1332 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b),
506(1) of IPC, 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, 420 of IPC, 3 and 4 of Tamil Nadu Prohibition of Charging of Exorbitant Act, 2003, in Crime No.1332 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant has borrowed amount from the accused persons. However, she did not repaid the same, due to which, the accused persons harassed the defacto complainant. Hence, the complaint.
3.The learned counsel for the petitioner submits that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution, but he has been falsely implicated in this case. He further submits that there is no specific overtact against the petitioner in the First Information Report.
4. Heard the learned Additional Public Prosecutor appearing for the respondent.
5.Considering the facts and the circumstances of this case and the fact that there is no specific overtact against the petitioner in the First Information Report, this Court is inclined to grant bail to the petitioner, however, with stringent conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Madurai, 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 the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
Sd/- 29/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE JUDICIAL MAGISTRATE, MADURAI.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, E-1 K.PUDUR POLICE STATION, MADURAI DISTRICT.
4. THE COMMISSIONER OF POLICE, MADURAI CITY, ALAGARKOIL ROAD, MADURAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.3633 of 2022 Date :29/06/2022 SP/VR/SAR II/11/07/2022/3P/6C