C.Sakthivel, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of April Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.4222 of 2017 C.SAKTHIVEL, ... PETITIONER / ACCUSED Vs The State rep.by THE INSPECTOR OF POLICE, MUTHIAHPURAM POLICE STATION, TUTICORIN DISTRICT. (CRIME NO.13 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.KA.RAAMAKRISHNAN Advocate For Respondent : Mrs.S.Prabha, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 352 and 506(ii) of IPC., r/w Section 4 of TNPWH Act, 2002, in Crime No.13 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner said to have misbehaved with the defacto complainant, who is a married woman, while she was taking bath.

3. The learned counsel appearing for the petitioner submitted that due to some dispute arose between the petitioner and the defacto complainant's family, the present false complaint has been given against the petitioner and the petitioner is no way connected with the alleged offence. He would further submit that the petitioner was released on bail in the previous cases and there was no such occurrence as stated by the prosecution in the above previous cases also.

4. The learned Government Advocate (crl.side) appearing for the respondent submitted that the petitioner is the sole accused in this case and he misbehaved with the defacto complainant, who is a married woman, while she was taking bath and the petitioner is having three previous cases.

5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to https://hcservices.ecourts.gov.in/hcservices/

be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate II, Thoothukudi, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 11/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI 3 THE INSPECTOR OF POLICE, MUTHIAHPURAM POLICE STATION, TUTICORIN DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.KA.RAAMAKRISHNAN Advocate SR.No.19968 SM:PM-PN:SAR 4:12.4.2017:2P/6C

ORDER

IN CRL OP(MD) No.4222 of 2017 Date :11/04/2017 https://hcservices.ecourts.gov.in/hcservices/