Prabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17811 of 2016 PRABHU ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE MADHUKKUR POLICES STATION, THANJAVUR DISTRICT, CR NO. 156 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.SENTHILKUMAR Advocate For Respondent : M/S.K.V.RAJARAJAN 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 offence punishable under Sections 294 (b), 354 A(3) and 506(i) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 and Section 67 of Information Technology Act, 2008 in Crime No.156 of 2016 on the file of the respondent police.

2.Learned counsel for the petitioner submits that the petitioner and the daughter of the defacto complainant had love affair and opposed thereof, a false complaint stands preferred. He would further submits except the offence under Section 4 of Tamilnadu Prohibition of Harassment of Women Act, all other offences are bailable in nature.

3. Heard learned Government Advocate (Crl.side) on the above submission.

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;

https://hcservices.ecourts.gov.in/hcservices/ (b) In the event of appearance before learned Judicial Magistrate, Pattukottai, within 15 days from the date of receipt of

a copy of the order, (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 appear before respondent daily at 10.30 a.m for two weeks and thereafter as and when required. sd/- 26/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR.

3 THE INSPECTOR OF POLICE, MADHUKKUR POLICES STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.B.SENTHILKUMAR Advocate SR.No. 55705 CM JA-SS-3-SAR.2/28.09.2016/2P:6C ORDER IN CRL OP(MD) No.17811 of 2016 Date :26/09/2016 https://hcservices.ecourts.gov.in/hcservices/