Muthukumar @ Mariappan, v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.18777 of 2018 MUTHUKUMAR @ MARIAPPAN, ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY, THE SUB-INSPECTOR OF POLICE, KALLIDAIKURICHI POLICE STATION, TIRUNELVELI DISTRICT.
(CRIME NO.252/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.ANAND Advocate For Respondent : MR.S.CHANDRASEKARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 452, 294(b), 324 , 323 and 506 (ii) I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.252 of 2018, seeks anticipatory bail.
2.The case of the prosecution is that due to previous enmity between the petitioner and the de-facto complainant, on 27.09.2018, the petitioner along with other accused persons quarrelled with the de-facto complainant and abused him by using filthy language and assaulted and also threatened him with dire consequences. Hence, a case has been registered against the petitioner herein. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely roped in this case.
4.The learned Additional Public Prosecutor appearing for the respondent would submit that there was already a civil dispute pending between the accused and the de-facto complainant. https://hcservices.ecourts.gov.in/hcservices/
5.Considering the facts and circumstances of the case, this Court is 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, Ambasamudram, Tirunelveli 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 daily at 10.30 a.m. and thereafter 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/- 16/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3.THE SUB INSPECTOR OF POLICE, KALLIDAIKURICHI POLICE STATION, TIRUNELVELI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.R.ANAND Advocate SR.No.19854
ORDER
IN CRL OP(MD) No.18777 of 2018 Date :16/10/2018 AE/RR/SAR4/22.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/