N.Elango, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17478 of 2016 N.ELANGO ... PETITIONER/ACCUSED NO.1 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT (IN CRIME No.41 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.SUBRAMANI Advocate For Respondent : M/S.K.V.RAJARAJAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/A1, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b), 498(A) and 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.41 of 2016 on the file of the respondent police.
2.The case of the prosecution is that the de facto complainant preferred a complaint against the petitioner stating that the petitioner is torturing her. She further stated that the petitioner married another lady and when the same was questioned by the de facto complainant, the petitioner threatened her. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.
4.Heard the learned Government Advocate (Crl. Side). 5.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 Additional Mahila Court/learned Judicial Magistrate, Madurai, 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 report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required.
sd/- 23/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDGE ADDITIONAL MAHILA COURT/ LEARNED JUDICIAL MAGISTRATE MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT +1. CC to M/S.N.SUBRAMANI Advocate SR.No.55426 RL/6C/2P/SK/SKN/SARI/28/9/2016
ORDER
IN CRL OP(MD) No.17478 of 2016 Date :23/09/2016 https://hcservices.ecourts.gov.in/hcservices/