Duraisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22049 of 2018 DURAISAMY ... PETITIONER / ACCUSED Vs THE STATE BY THE INSPECTOR OF POLICE, KALAKKADU POLICE STATION, TIRUNELVELI DISTRICT.

(IN CRIME NO 416 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.D.VENKATESH Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 354A & 506(ii) IPC and Section 4 of the TNPHW Act in Crime No.416 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the petitioner, under the guise of picking the child, tried to misbehave with a child. When it was objected to by the defacto complainant and her sister, he abused them with filthy language and threatened with dire consequences.

3.The learned counsel for the petitioner submits that the petitioner is innocent and he had nothing with the alleged crime. Hence, anticipatory bail may be granted to him. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner has no previous case and investigation is going on.

4.However, considering the above stated facts and circumstances of the case, 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 in the event of arrest or on his appearance before the learned Judicial Magistrate, Nanguneri and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that [a] if the petitioner failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent Police daily at 10.00 a.m for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 20/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, NANGUNERI.

2.DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT

3.THE INSPECTOR OF POLICE, KALAKKADU POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to MR.D.VENKATESH Advocate SR.No.23963

ORDER

IN CRL OP(MD) No.22049 of 2018 Date :20/12/2018 AE/VR/SAR1/27.12.2018/3P/6C