Sankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14211 of 2016 SANKAR ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP BY ITS THE INSPECTOR OF POLICE THIRUPPULLANI POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO.132 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.SEEMARAJ Advocate For Respondent : M/S.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 is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(ii),(*)and 306 of IPC., and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.132 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

3.It is submitted by the learned Government Advocate (Crl.Side) that no one sustained injury and there was only abuse and threat against the defacto complainant.

4.Considering the nature of allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner 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.I, Ramanathapuram District, on condition that the petitioner shall execute 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 https://hcservices.ecourts.gov.in/hcservices/

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 report before the respondent Police daily at 10.00 a.m. until further orders. (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(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 as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

5.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 09/08/2016 (*)Amended as per order of this Honourable Court made in Crl.MP(MD)No.7549/2016 in Crl.OP(MD)No.14211/16 dated 29.08.2016 by VMVJ.

(**)Time is extended by one week from the date of receipt of copy of the order.

sd/- 29/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO To be substituted the order copy already despatched 16.08.2016. 1.THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE THIRUPPULLANI POLICE STATION, RAMANATHAPURAM DISTRICT. +1. CC to M/S K.SEEMARAJ Advocate SR.No.47828 RL/6C/2P/SK/SKN/SARIII/16/8/2016

ORDER

IN CRL OP(MD) No.14211 of 2016 Date :09/08/2016 PA/SS3/SAR III/02.09.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/