Appadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3532 of 2015 APPADURAI ... PETITIONER/ACCUSED NO.4 Vs THE STATE REP BY THE INSPECTOR OF POLICE MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DIST, CR.NO.29/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.ANAND Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.29 of 2015, on the file of the respondent police for offences under Sections 294(b), 506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, the petitioner is now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.

3. It is the case of the prosecution that on 14.02.2015, A1 was standing suspiciously near the house of the de-facto complainant and it is alleged that he had abused the de-facto complainant's daughter. A1, who is a juvenile was arrested; A2 surrendered before the learned Magistrate and A3 has also been arrested in this case. This petitioner is A4. There is also a counter case in Crime No.28 of 2015. Since the allegations are not very serious against the petitioner and there is no previous case against him, this Court is inclined to grant anticipatory bail to the petitioner, but with conditions.

4. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sathankulam, Thoothukudi District, on executing a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, https://hcservices.ecourts.gov.in/hcservices/

(a) the petitioner shall stay at Tiruchendur and report before the Tiruchendur Temple police station every day morning and evening i.e. at 10.30 a.m. and 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [e] The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioners are complying with the condition or not.

sd/- 27/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM, 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE INSPECTOR OF POLICE, TIRUCHENDUR TEMPLE POLICE STATION, TIRUCHENDUR 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ANAND Advocate SR.No.9379

ORDER

IN CRL OP(MD) No.3532 of 2015 Date :27/02/2015 NA/02/03/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/