Madras High CourtCRL OP(MD)/7354/2016granted

T.Ayyappa Sethupathi, v. The Sub Inspector Of Police,

2016-04-29Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice G.CHOCKALINGAM CRL OP(MD) No.7354 of 2016 T.AYYAPPA SETHUPATHI ... PETITIONER/ACCUSED No.1 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION KANYAKUMARI DISTRICT.

CR.NO.589 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S C.KISHORE 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/A1, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,342,294(b),323,420,379 and 506(ii) of IPC and Section 4 of Woman Harassment Act, 2002, in Crime No.589 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to harassment by the petitioner / husband the defacto complainant / wife deserted him and living separately.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution

4. Heard the learned Government Advocate (Crl. Side) appearing for the respondent.

5.considering the nature of allegations levelled against the petitioner, this Court is of the view that the petitioner can be released on anticipatory bail on terms.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail subject to the following conditions: (i) the petitioner is directed to pay a sum of Rs.1,000/- (Rupees One Thousand only) to the Tamil Nadu State Legal Services Authority, attached to this Bench, on or before 03.05.2016; (ii) the petitioner is directed to surrender before the Court concerned Court on or before 06.05.2016 along with receipt for payment of Rs.1,000/- to the above said authority and on such surrender before the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District, he may be released on bail on executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned; (iii) the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders;

(iv) the petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously; and

7. It is made clear that if the petitioner fails to comply with anyone of the conditions as stated above, the respondent police is at liberty to move cancellation of anticipatory bail before this Court. sd/- 29/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I NAGERCOIL,KANYAKUMARI DISTRICT.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE SUB INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION KANYAKUMARI DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

THE AUTHORISED OFFICER, TAMIL NADU STATE LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S C.KISHORE Advocate SR.No.25426

ORDER

IN CRL OP(MD) No.7354 of 2016 Date :29/04/2016 PA/NGM-SS/SARI/29.04.2016/2P/7C(IT) https://hcservices.ecourts.gov.in/hcservices/