Manikandan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17539 of 2017 MANIKANDAN, ... PETITIONER /SOLE ACCUSED Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, TIRUCHENDUR TEMPLE POLICE STATION, TUTICORIN DISTRICT.

(IN CRIME NO.205 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.MALAIYENDRAN Advocate For Respondent : MR.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/Sole Accused, apprehends arrest at the hands of the respondent police for the offence punishable under Section 294(b), 323 of I.P.C. and section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.205 of 2017, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner attacked the defacto complainant/lady and by using filthy language criticising her personal character in a drunken mood. Thereby, the defacto complainant gave a complaint before the respondent police.

3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offences as alleged by the prosecution and prays for anticipatory bail.

4. The learned Government Advocate (Criminal side) appearing for the respondent he did not dispute the above said facts.

5. Considering the facts and circumstances of the case, I

am 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruchendur, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties 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 report before the investigation officer, daily between 10.00 a.m., and 11.00 a.m., for a period of two weeks;

(ii)the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iii)the petitioner shall not tamper with evidence or witness either during investigation or trial. (v) the petitioner shall not abscond either during investigation or trial;

(iv) 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 petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically. sd/- 20/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RMK TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR 2 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT

3 THE INSPECTOR OF POLICE, TIRUCHENDUR TEMPLE POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S.V.MALAIYENDRAN Advocate SR.No.36661 GJM/CM/SAR-4-26.12.2017-3P-6C

ORDER

IN CRL OP(MD) No.17539 of 2017 Date :20/12/2017