Kannan v. Inspector Of Police

CRL OP(MD). No.5507 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/05/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.5507 of 2020 Kannan ... Petitioner/Sole Accused Vs The State Rep. by Inspector of Police, Kodaikanal Police Station, Dindigul District.

(Cr. No. 513 of 2020). ... Respondent/Complainant For Petitioner : M/s.D.Rameshkumar, Advocate. For Respondent : Mr.S.Chandarasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 2.Due to family dispute between the petitioner and his in-laws, a case has been registered against this petitioner for the offences under Sections 294(b), 324, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act.

3.The learned Additional Public Prosecutor appearing for the State submits that the injured has already been discharged, after treating for simple injury.

4.Taking note of the fact that the occurrence has taken place between husband and wife, due to domestic quarrel. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.Accordingly the petitioner is ordered to be released on bail on in the event of arrest by respondent police on executing a own bond for a sum of Rs.10,000/- and further the petitioner shall https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5507 of 2020 produce two sureties each for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the learned Judicial Magistrate, Kodaikanal, Dindigul District, within one month and on further condition that: (i)the petitioner and sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent police as and when required for interrogation.

iii)the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during trial. 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 as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: Due to lock down on account of COVID-19, this order copy may be treated as true copy.

TO

1. THE JUDICIAL MAGISTRATE, KODAIKANAL, DINDIGUL DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

3. THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.5507 of 2020 Date :29/05/2020 SJI TE/JC/SAR-III : 01/06/2020 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2