Madras High CourtCRL OP(MD)/17620/2017granted

Vimalraj, v. The Sub-Inspector Of Police,

2017-12-21Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17620 of 2017 VIMALRAJ, ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY ITS, THE SUB-INSPECTOR OF POLICE, ALL WOMEN POLICE STATION,DINDIGUL DINDIGUL DISTRICT.

CR.NO.9 OF 2017. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.KRISHNA 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, who is arrayed as Sole Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A) and 506(i) of I.P.C. and Section 4 of DP Act, in Crime No.9 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the marriage between the defacto complainant and the petitioner was solemnised in the year 2009. Due to the matrimonial dispute, the petitioner threatened the defacto complainant with dire consequences. Hence, the defacto complainant lodged a complaint against the petitioner for the above said offences.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that the dispute was compromised between the parties before the lower Court.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal side), 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 https://hcservices.ecourts.gov.in/hcservices/

appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Dindigul, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each 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 respondent police, as and when required for interrogation;

(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) the petitioner shall not commit any offence while on bail; (v) 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/- 21/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mrn TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT.

3 THE SUB-INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDIGUL, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.KRISHNA Advocate SR.No.36712 GJM/CM/SAR-3-27.12.2017-2P-6C

ORDER

IN CRL OP(MD) No.17620 of 2017 Date :21/12/2017 https://hcservices.ecourts.gov.in/hcservices/