Sankar v. The Sub Inspector Of Police
CRL OP(MD). No.6178 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.6178 of 2020 Sankar ... Petitioner/Accused NO.2 Vs The State rep. by The Sub Inspector of Police, Sipcot Police Station, Thoothukudi District in Crime.No. 69 of 2020.
... Respondent/Complainant For Petitioner : M/s.V.Rajiv Rufus, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime.No. 69 of 2020 on the file of the Respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 448 and 381 of I.P.C., in Crime No.69 of 2020 on the file of the respondent police, seeks anticipatory bail.
3. The de-facto complainant is one Raj. Even though some serious allegations have been made in the F.I.R., the petitioner's counsel would point out that the story is otherwise one Mariammal is working as servant maid in the house of the de-facto complainant. The wife of the de-facto complainant is an Inspector of Police.
4. The de-facto complainant as well as his wife were upset that the petitioner had met Mariammal in the house of the de-facto complainant. There was an unpleasant issue on this matter. The defacto complainant's wife has been videographed kicking the petitioner herein. This was prominently telecast in the local media. It appears that departmental action has been taken against the defacto complainant's wife and she has also been transferred. The petitioner's counsel would state that as a counter-blast as many as two cases were registered against the petitioner and one is the case in Crime No.69 of 2020 and the another one has been given by the defacto complainant's wife in Crime No.85 of 2020 on the file of the https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.6178 of 2020 respondent police
5. In view of the above, I am 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.III, Thoothukudi District, 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 conditions 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 shall stand dismissed.
sd/- 12/06/2020 / 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 NO III, THOOTHUKUDI DISTRICT.
2 -DO- THRO THE CHEIF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE SUB INSPECTOR OF POLICE SIPCOT POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6178 of 2020 Date :12/06/2020 PD/VR/SAR 3/16.06.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2