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Madras High CourtCRL OP(MD)/6572/2018granted

Anand @ Vijaya Anand, v. The Inspector Of Police,

2018-04-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6572 of 2018 ANAND @ VIJAYA ANAND ... PETITIONER/ACCUSED-5 Vs STATE OF TAMILNADU REPRESENTED BY ITS., THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.140 OF 2018) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.R.SATHAN BOOPATHY, Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) For Intervenor : M/S.T.LENIN KUMAR, Advocate 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 147, 148, 341, 294(b) and 506(ii) I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss Act, 1992), in Crime No.140 of 2018, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal side) for the respondent and the learned counsel for the intervenor.

3.The learned counsel for the petitioner undertakes before this Court that he will file an affidavit of undertaking before the trial Court that the petitioner will not indulge in any act of violence.

4.The petitioner is entitled to carry his protest in a legitimate manner. Further the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) to the credit of Crime No.140 of 2018 before the learned Judicial Magistrate No.III, https://hcservices.ecourts.gov.in/hcservices/

Thoothukudi at the time of surrender. It is open to the defacto complainant to withdraw the said amount.

5.Recording the undertaking, 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 No.III, Thoothukudi 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/- 25/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

3 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.S.R.SATHAN BOOPATHY, Advocate SR.No.7053

ORDER

IN CRL OP(MD) No.6572 of 2018 Date :25/04/2018 PK/PN/RNB/03.05.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/