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Madras High CourtCRL OP(MD)/8814/2018ordered

Senthil@Senthil Murugan v. The Inspector Of Police

2018-05-30Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

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.8814 of 2018 SENTHIL@SENTHIL MURUGAN ... PETITIONER/ACCUSED No.1 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE KARAIPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT F.I.R.NO. 138/2018 ... RESPONDENT For Petitioner : MR.M.RAJASEKARAN Advocate For Respondent : MR.A.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 apprehending arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women's Act, in Crime No.138 of 2018 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity the petitioner used filthy language and attacked the defacto complainant.

3. The learned counsel for the petitioner submitted that due to marriage dispute between the petitioner and defacto complainant, the petitioner scolded the defacto complainant with filthy language and assaulted the defacto complainant on her nose and cheeks.

4. Heard the learned Government Advocate (Criminal side) appearing for the respondent and he has submitted that the victim has been treated as outpatient.

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 with certain conditions.

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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-II, Virudhunagar 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 daily at 10.00 a.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 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 NO.II, VIRUDHUNAGAR 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE KARAIPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.RAJASEKARAN Advocate SR.No.9186

ORDER

IN CRL OP(MD) No.8814 of 2018 Date :30/05/2018 SMA/PN/RNB/01.06.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/