S. Vijay Anand v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5472 of 2016 S. VIJAY ANAND ... PETITIONERS/ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR,KARUR DISTRICT, CR NO. 2 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S D.SELVARAJ Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 498(A), 294(b), 323, 406 and 506(i) I.P.C., and Section 4 of Dowry Prohibition Act, in Crime No.2 of 2016, on the file of the respondent Police, seeks anticipatory bail.

2. Heard Mr.D.Selvaraj, learned counsel appearing for the petitioner / first accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. It is seen that the petitioner / first accused got married to the de facto complainant on 19.02.2010 and they are having one child through the wedlock. Thereafter, misunderstanding arose between them, on account of which the de facto complainant had earlier lodged a complainant before All Women Police Station, Sooramangalam, Salem, in which petition enquiry was conducted and parties had agreed to resolve the dispute.

4. Taking into consideration the nature of allegations made against the petitioner / first accused, this Court is of the view that this is a fit case to grant anticipatory bail to him. Accordingly, he is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Karur, on condition that the petitioner / https://hcservices.ecourts.gov.in/hcservices/

first accused 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner / first accused shall report before the respondent Police daily at 06.30 p.m., until further orders.

(ii)the petitioner / first accused shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioner / first accused shall not abscond either during investigation or trial.

(iv)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner / first accused in accordance with law as if the conditions have been imposed and the petitioner / first accused released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 30/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,KARUR 2 THE CHIEF JUDICIAL MAGISTRATE,KARUR 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,KARUR,KARUR DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S D.SELVARAJ Advocate SR.No.17688

ORDER

IN CRL OP(MD) No.5472 of 2016 Date :30/03/2016 AA/GSV-PM/SAR-I/04.04.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/