Madras High CourtCRL OP(MD)/23409/2016granted

Suman v. The Inspector Of Police

2016-12-16Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23409 of 2016 SUMAN ... PETITIONER / SOLE ACCUSED Vs The State represented by THE INSPECTOR OF POLICE KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT In Crime.No.608 of 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.JEEN JOSEPH Advocate For Respondent : MR.P.Kandasamy Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 323, 307 and 506(i) of IPC., and Section 4 of Prohibition of Women Harassment Act, 2002, in Crime No.608 of 2016, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner attacked the defacto complainant with hands and uttered filthy language against the defacto complainant and threatened with dire consequences.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he is nothing to do with the alleged offence.

4. The learned Government Advocate (crl.side) submitted that the petitioner attacked the defacto complainant with hands and used filthy language and also threatened the defacto complainant with dire consequences. He would further submit that the injured has been discharged from the hospital.

5. Considering the above facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, I am 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 https://hcservices.ecourts.gov.in/hcservices/

or on his appearance, before the learned Judicial Magistrate No.1, Kuzhithurai, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report 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.

6. 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/- 16/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.JEEN JOSEPH Advocate SR.No.81361 sm:SS2:SAR 2:20/12/2016:2P/6C

ORDER

IN CRL OP(MD) No.23409 of 2016 Date :16/12/2016 https://hcservices.ecourts.gov.in/hcservices/