R.Saravanan v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. R.Saravanan,

2. Janaki, ... Petitioners/Accused 1 & 2 Vs State represented by Inspector of Police, All Women Police Station, Pudukkottai, Pudukkottai District.

Crime No.08/2020.

... Respondent/Complainant For Petitioners : M/s A.Sivasubramanian, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- To enlarge the Petitioner on bail in the event of arrest pending in the Cr.No.08 of 2020 on the file of the respondent and render justice.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 354, 354 A, 354 C, 354 D, 506(ii), 509 of I.P.C, and 67 & 67 A of Information Technology Act, 2000, in Crime No. 8 of 2020 on the file of the respondent police, seek anticipatory bail. 3.It is seen that the first petitioner is a Head Constable and the defacto complainant is also police constable. The first petitioner is said to have been harassed the defacto complainant by sending whatsapp messages and by interfering in her personal life, who is now living away from her husband.

1/3

4. I am of the view that the second petitioner who is the wife of the first petitioner has not played any role in the occurrence. The first petitioner through his counsel undertakes that he will keep off from the social media for a period of next one year and that he will use whatsapp to receive the official messages only. He also undertakes that he will keep off from the defacto complainant totally. If the first petitioner breaches this undertaking, I will not hesitate to cancel the anticipatory bail. 5.Recording the aforesaid undertaking, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court, Pudukottai and on their 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioners shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 10/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID -19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, PUDUKKOTTAI.

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

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

2/3

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

ORDER

IN CRL OP(MD) No.5847 of 2020 Date :10/06/2020 das AE/PN/SAR-II (11.06.2020) 3P 5C 3/3