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Madras High CourtCRL OP(MD)/3244/2020granted

Nishanth v. The Inspector Of Police

2020-02-24Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.3244 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3244 of 2020 Nishanth ... Petitioner/Accused No.1 Vs The State Rep. by The Inspector of Police, All Women Police Station, Kolachal, Kanniyakumari District.

(Crime No.48/2019). ... Respondent/Complainant For Petitioner : M/s.S.Thangaraj, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervener : Mr.G.Anto Prince PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.48 of 2019 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner, the learned counsel for the intervener 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 498-A, 406 of I.P.C., and Section 4 and 6 of Dowry Prohibition Act, 1961 in Crime No. 48 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The learned counsel for the petitioner states that the petitioner will appear in all the legal proceedings (I.D.O.P.No.431 of 2018 on the file of the District Court, Nagercoil and D.V.O.P.No.39 of 2019 on the file of the Judicial Magistrate Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3244 of 2020 No.II, Nagercoil. The learned counsel for the petitioner states that the petitioner is paying a sum of Rs.7,000/- to the defacto complainant and that he will continue to pay the same. 4.Since these twin undertakings have been given by the learned counsel for the petitioner on instructions, I am inclined to grant relief to the petitioner. If these undertakings are breached, it is open to the defacto complainant to move this Court for cancellation of anticipatory bail.

5. Recording the said submission, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Eraniel, Kanyakumari 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/- 24/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KOLACHAL, KANNIYAKUMARI DISTRICT.

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

+1 CC to M/s.S.THANGARAJ, Advocate ( SR-3808[I] dated 24/02/2020 ) ORDER IN CRL OP(MD) No.3244 of 2020 Date :24/02/2020 PNN TE/JC/SAR-IV : 03/03/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2