Devaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.8773 of 2018 DEVARAJ ... PETITIONER / 1st ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIVAIKUNDAM, TUTICORIN DISTRICT.

CRIME NO. 12 OF 2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.PERUMAL PRABHU Advocate For Respondent : M/S.ROBINSON, 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 1st accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 494 and 506(i) of I.P.C. and Section 4 of TN Prohibition of Harassment of Woman Act, 2002, in Crime No.12 of 2018, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant is the wife of the 1st accused and due to some controversy, they got separated and divorce petition is also pending. While so, the petitioner is said to have married the 6th accused and when this was questioned by the de-facto complainant, the petitioner is said to have developed quarrel.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent and he has submitted that no injury has been sustained by the de-facto complainant.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the nature of the allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner on stringent conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Srivaikundam and on 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 daily at 10.00 a.m. and 05.00 p.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 30/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, TUTICORIN DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVAIKUNDAM, TUTICORIN DISTRICT.

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

+1. CC to M/S.B.PERUMAL PRABHU Advocate SR.No.9317.

ORDER

IN CRL OP(MD) No.8773 of 2018 Date :30/05/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/PN/ASVM/01.06.2018/2P/6C