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Madras High CourtCRL OP(MD)/6677/2018ordered

Kali @ Kaleeswaran v. The Inspector Of Police,

2018-04-24Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6677 of 2018 KALI @ KALEESWARAN ... PETITIONER/ACCUSED No.1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT, CRIME NO.178/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.BANUMATHY Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 427 and 506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.178 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that there was a wordy quarrel between the de-facto complainant's husband, the petitioner and other accused persons, as a result of which, the petitioner and other accused persons abused the de-facto complainant and her husband in filthy language and threatened them with dire consequences. 3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioner.

4.It is submitted by the learned Government Advocate (Criminal side) that the investigation is pending.

5.Considering the nature of allegations levelled against the petitioner in the FIR, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/

petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Melur, Madurai District, 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 24/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.A.BANUMATHY Advocate SR.No.6927

ORDER

IN CRL OP(MD) No.6677 of 2018 Date :24/04/2018 SMA/CSL/ASVM/27.04.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/