Madras High CourtCRL OP(MD)/7296/2017ordered

Richard Das v. The Inspector Of Police

2017-06-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7296 of 2017 1 RICHARD DAS 2 MANI SING 3 SURESH ... PETITIONER Vs STATE REP.BY, THE INSPECTOR OF POLICE VADASERY POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT, CRIME NO. 282/2017 ... RESPONDENT For Petitioner : M/S.G.VAIRAM SANTHOSH Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 to A3 in Crime No.282 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 379(NP) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioners submitted that the petitioners are alleged to have trespassed into the house of the defacto complainant, harassed his wife, attacked him with a knife and taken away Rs.30,000/- from his house. He would further submit that the first petitioner and the defacto complainant are relatives. The occurrence is said to have been taken place on 15.05.2017. But, the complaint has been lodged only on 18.05.2017. Due to property dispute, the present false complaint has been lodged by the defacto complainant. The petitioners are innocent. They have not committed any offence as alleged in the complaint.

4.The learned Additional Public Prosecutor appearing for the https://hcservices.ecourts.gov.in/hcservices/

respondent / Police submitted that the injured has been discharged from the hospital and the investigation is pending.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District and on each 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 daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners 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 automatically dismissed.

sd/- 15/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,NAGERCOIL, KANYAKUMARI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE VADASERY POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

PM CSL/BS/SAR-II/19.06.2017 : 2P/5C

ORDER

IN CRL OP(MD) No.7296 of 2017 Date :15/06/2017 https://hcservices.ecourts.gov.in/hcservices/