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Madras High CourtCRL OP(MD)/4970/2020allowed

R.Mohan v. The Inspector Of Police

2020-03-20Honourable Mr Justice Rmt. Teekaa Raman2 pages

CRL OP(MD). No.4970 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/03/2020 PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CRL OP(MD). No.4970 of 2020 R.Mohan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Pechiparai Police Station, Kaniyakumai District.

Crime No.5 of 2020 ... Respondent/Complainant For Petitioner : M/s.P.Balasubramanian, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.5 of 2020 on the file of the Respondent police.

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), 323 and 452 of IPC r/w Section 4 of Tamil Nadu Women Harassment Act, in Crime No.05 of 2020 on the file of the respondent police, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

3.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner herein is having illicit relationship with Anitha and daughter of the defacto complainant and it is alleged that this petitioner herein entered into the house of the defacto complainant and misbehaved with her daughter and caused damage to the household articles. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.4970 of 2020 4.Per contra, the learned counsel appearing for the petitioner would submit that due to money dispute, when the petitioner asked for return of the money, a false case has been foisted against the petitioner.

5.Considering the submission made by the learned counsel appearing for the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Thukaley, Kanyakumari 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 daily at 10.30 a.m., for a period of three weeks and thereafter 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 on or before 31.03.2020, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 20/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, THUKALEY, KANYAKUMARI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, PECHIPARAI POLICE STATION,KANIYAKUMAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.P.BALA SUBRAMANIAN, Advocate ( SR-5595[I] dated 20/03/2020 )

ORDER

IN CRL OP(MD) No.4970 of 2020 Date :20/03/2020 MS/PN/SAR-3/23.03.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2