S.Xavier Amalanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.10818 of 2017 S.XAVIER AMALANATHAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs The State rep.by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY DISTRICT (CRIME NO.NOT KNOWN OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.Surli Raja, Advocate For Respondent : Mr.K.Anbarasan, Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 506(i) and 294(b) of IPC., and Section 4 of Tamilnadu Women Harassment Act in Crime No. not known of 2017, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner married the de-facto complainant in the year 1998 out of said wedlock two female children have born and they are aged about 17 and 15 years. After lapse of 19 years the de-facto complainant made a complaint against the petitioner that the de-facto complainant is being harassed by her husband.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person.

4. The learned Government Advocate (Crl.Side) appearing for the respondent, on instructions, would submit that the police authorities referred the matter to the Social Welfare Mediation and the mediation is going on.

5.Having regard to the nature of allegation levelled against the petitioner and considering the submissions made by the learned Government Advocate (Crl.side), I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to https://hcservices.ecourts.gov.in/hcservices/

be released on bail in the event of arrest or on his appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court No.IV, Tiruchirappalli on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (rupees fifteen 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:

(i) the petitioner shall report before the respondent Police as and when required for the purpose of investigation. (ii)the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not commit any offence while on bail;

(v) on breach of any of the aforesaid conditions, the petition for anticipatory bail stands dismissed. sd/- 03/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUCHIRAPPALLI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.10818 of 2017 Date :03/10/2017 SM:RR-BS:SAR 2:6.10.2017:2P/5C https://hcservices.ecourts.gov.in/hcservices/