J. Rathish v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18582 of 2018 J. RATHISH ... PETITIONER / ACCUSED NO.1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THANJAVUR, THANJAVUR DISTRICT.

(IN CRIME NO. 8 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.N.BALASUBRAMANIAN Advocate For Respondent : Mrs.M.ANANTHA DEVI Govt. 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 offences punishable under Sections 366 and 497 I.P.C in Crime No.8 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant's wife eloped with the petitioner, without informing the defacto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that after the complaint given by the defacto complainant, her wife came to the Police Station and given a detailed representation, stating that she is not eloped with any other person. Hence, the present complaint cannot be treated as criminal complaint. He would further submit that the petitioner is an innocent . He has been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the investigation is pending. 5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on https://hcservices.ecourts.gov.in/hcservices/

bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Thanjavur 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/- 29/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-I, THANJAVUR.

2 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THANJAVUR, THANJAVUR DISTRICT.

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

+1. CC to M/S.N.BALASUBRAMANIAN Advocate SR.No.20823 PS/PN/SAR-1/08/11/2018:2P/6C

ORDER

IN CRL OP(MD) No.18582 of 2018 Date :29/10/2018 https://hcservices.ecourts.gov.in/hcservices/