Madras High CourtCRL OP(MD)/4659/2017ordered

Annapandi v. The Inspector Of Police

2017-04-21Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4659 of 2017 ANNAPANDI ... PETITIONER/ACCUSED NO.I Vs STATE REP.BY, THE INSPECTOR OF POLICE VIKKIRAMANGALAM POLICE STATION, MADURAI, CRIME NO. 73 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.KALIMUTHU 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 is arrayed as A1 in Crime No.73 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 109, 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent/State. 3.The learned counsel for the petitioner submitted that the petitioner and the defacto complainant are husband and wife. Due to money dispute, the petitioner is alleged to have attacked the defacto complainant. The defacto complainant has sustained only simple injuries. He is innocent. He has not committed any offence as alleged in the complaint. He has been falsely implicated in this case.

4.The learned Government Advocate appearing for the respondent / Police submitted that the petitioner has caused only simple injuries. A2 in this case has already been released on anticipatory bail by the learned Sessions Court, Madurai in Cr.M.P.No.2142 of 2017. The investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the 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 be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Usilampatti, Madurai and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 21/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,USILAMPATTI, MADURAI. 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE VIKKIRAMANGALAM POLICE STATION, MADURAI, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.KALIMUTHU Advocate SR.No.20866 GCG CSL/BS/SAR-II/25.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.4659 of 2017 Date :21/04/2017 https://hcservices.ecourts.gov.in/hcservices/