Madras High CourtCRL OP(MD)/19869/2016ordered

Raju v. The Inspector Of Police

2016-10-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19869 of 2016 RAJU ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE, S.P.PATTINAM POLICE STATION, RAMAND DISTRICT CRIME NO.117/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ANAND, Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, 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 offences punishable under Sections 294(b), 352, 506(ii) IPC r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.117 of 2016 on the file of the respondent police.

2.The case of the prosecution is that due to election motive, the petitioner threatened the de facto complainant with dire consequences.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.Learned Government Advocate (Crl. Side) submits that no one sustained injury and no previous case is pending against the petitioner.

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 the learned Judicial Magistrate, Thiruvadanai, Ramnad District, 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;

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(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 report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMNAD DISTRICT. 2 -DO- THRO'THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE,S.P.PATTINAM POLICE STATION, RAMAND DISTRICT.

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

+1. CC to M/S.R.ANAND, Advocate SR.No.60820. ORDER IN CRL OP(MD) No.19869 of 2016 Date :14/10/2016 msm/sks-rr/sar-1/19.10.16/p2/6c https://hcservices.ecourts.gov.in/hcservices/