Madras High CourtCRL OP(MD)/16738/2017granted

Raj @ Anandaraj, v. The Sub Inspector Of Police,

2017-12-06Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16738 of 2017 RAJ @ ANANDARAJ ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE, THALAYUTHU POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.370 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.PRABU Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 294(b), 323 and 506(ii) of IPC, and Section 4 of Women Harassment Act, in Crime No.370 of 2017, on the file of the respondent police seeks anticipatory bail.

2.The case of the prosecution is that due to family dispute, the wife of the petitioner lodged a complaint before the respondent police on 22.11.2017. Based on her Complaint, a case has been registered for the above said offences.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he further submitted that it is only a family dispute and prays for anticipatory bail.

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that due to the family dispute, wife lodged a complaint against her husband/the petitioner and no one is injured.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that no one is injured, I am inclined to grant anticipatory bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to 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 make himself available for interrogation including custodial interrogation as and when required by the investigation officer; (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not commit any offence while on bail;

(iv) 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 and the anticipatory bail granted stands cancelled automatically.

sd/- 06/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, THALAYUTHU POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.PRABU Advocate SR.No.35659

ORDER

IN CRL OP(MD) No.16738 of 2017 Date :06/12/2017 MKV-CM-VR-SAR 1/7.12.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/