Madras High CourtCRL OP(MD)/5085/2018granted

K.Kumar, v. The Sub Inspector Of Police,

2018-04-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5085 of 2018 K.KUMAR ... PETITIONER / ACCUSED No.1 Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE, DEVAKOTTAI TOWN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT. (CR.NO.66/2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.ANANDKUMAR Advocate For Respondent : M/S. A.P.G.OHM CHAIRMA PRABHU, 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, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 352, 506(i) of I.P.C and Section 4 of the Prohibition of Harassment of Woman Act, 2002 in Crime No.66 of 2018, on the file of the respondent police, seeks anticipatory bail.

2.The petitioner along with other accused went to the defacto complainant's house and abused her by using filthy language. The petitioner and other accused made threat to the defacto complainant. Therefore, the defacto complainant lodged a complaint and the respondent police registered a case in Crime No.66 of 2018, on the file of the Sub-Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any of the offences as alleged by the prosecution. 4.Heard the learned Government Advocate (Crl side) appearing for the respondent.

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5.Taking note of these aspects, 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, Devakottai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 03/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE , DEVAKOTTAI.

2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE.

SIVAGANGAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, DEVAKOTTAI TOWN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.J.ANANDKUMAR Advocate SR.No.5335.

ORDER

IN CRL OP(MD) No.5085 of 2018 Date :03/04/2018 SDS/CM/SAR.3/09.04.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/