Madras High CourtCRL OP(MD)/16625/2016ordered

Kaboor @ S.S.A.Regi Kapoor v. The Inspector Of Police

2016-09-06Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16625 of 2016 KABOOR @ S.S.A.REGI KAPOOR ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ASARIPALLAM POLICE STATION, ASARIPALLAM, KANYAKUMARI DISTRICT ... RESPONDENT / COMPLAINANT (CRIME NO.191 OF 2016) For Petitioner : M/S.A.JOSEPH JERRY Advocate For Respondent : MR.K.V.RAJA RAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b), 323 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002 in Crime No.191 of 2016 on the file of the respondent police.

2. The case of the prosecution is that due to wordy quarrel the petitioner attacked the de facto complainant and caused injuries.

3. Learned Government Advocate (Crl. Side) submits that the injured has been discharged from the hospital.

4. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District, within 15 days from the date of receipt of a copy of the order, https://hcservices.ecourts.gov.in/hcservices/

(i) the petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;

(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall be available for interrogation by the respondent police as and when required.

sd/- 06/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL, KANYAKUMARI DISTRICT.

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

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ASARIPALLAM POLICE STATION, ASARIPALLAM, KANYAKUMARI DISTRICT +1. CC to M/S.A.JOSEPH JERRY Advocate SR.No.50332.

ORDER

IN CRL OP(MD) No.16625 of 2016 Date :06/09/2016 AM/SS3/SAR-I/06.09.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/