Loganathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/03/2020 PRESENT The Hon`ble Mr.Justice RMD.TEEKAA RAMAN LOGANATHAN ... PETITIONER/ACCUSED NO.2 VS STATE REP. BY THE INSPECTOR OF POLICE, MUSIRI POLICE STATION, TRICHY.

(CRIME NO.95 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.S.Muthukrishnan, 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.95 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 506(i) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.95 of 2020, on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that on 15.03.2020 the petitioner and others abused the defacto complainant using filthy language and assaulted the defacto complainant and his wife with hands. Hence, the case.

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

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4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that there was a civil dispute between the petitioner and his brother viz., Subramanian, the petitioner entered into the house of Subramanian and caused alleged for the offences under Sections 294(b), 323 and 506(i) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998. He would further submit that co-accused namely, A4 was already arrested and bail has been granted.

5.Taking note of the fact that the co-accused has already been released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the even of arrest or on his appearance before the learned Judicial Magistrate, Musiri, 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 two 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 30.03.2020, 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, MUSIRI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPALLI.

3 THE INSPECTOR OF POLICE MUSIRI POLICE STATION, TRICHY.

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

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+1 CC to M/s.S.MUTHU KRISHNAN, Advocate ( SR-5621[I] dated 20/03/2020 )

ORDER

IN CRL OP(MD) No.5000 of 2020 Date :20/03/2020 VSG JM/VR/SAR 3/24.03.2020/3P/6C 3/3