Sundarapandi, 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.18344 of 2016 SUNDARAPANDI ... PETITIONER/SINGLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE, VIRUTHUNAGAR RURAL POLICE STATION, VIRUTHUNAGAR DISTRICT (CRIME No.309 of 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.N.MOHIDEEN BASHA 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/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offence punishable under Sections 294 (b), 323 IPC and Section 4 of Tamilnadu Prevention of Harassment of Women Act in Crime No.309 of 2016 on the file of the respondent police.
2. The case of the prosecution is that the petitioner has scolded the defacto complainant and slapped her and due to that, the defacto complainant tried to commit suicide by consuming oleander seed.
3. Learned counsel for petitioner submits that a false complaint has been lodged against the petitioner.
4. Learned Government Advocate (Crl.side) submits that the victim sustained simple injury and the petitioner has no previous case.
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 learned Judicial Magistrate No.2, Virudhunagar, 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 appear before respondent daily at 10.30 a.m for one week 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 NO.2 VIRUDHUNAGAR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, VIRUTHUNAGAR RURAL POLICE STATION, VIRUTHUNAGAR DISTRICT +1. CC to M/S.N.MOHIDEEN BASHA Advocate SR.No.55692 RL/6C/2P/SK/SKN/SARI/28/9/2016
ORDER
IN CRL OP(MD) No.18344 of 2016 Date :26/09/2016 https://hcservices.ecourts.gov.in/hcservices/