Bharathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8453 of 2016 BHARATHI ... PETITIONER/SOLE ACCUSED Vs STATE. REP. BY THE INSPECTOR OF POLICE GANESH NAGAR POLICE STATION, PUDUKKOTTAI. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.MAHENDRAPATHY Advocate For Respondent : K.ANBARASAN, Govt. Advocate ( Crl. Side) For Intervenor : Mr.S.MUTHALRAJ, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 448,294(b),323,355 and 506(i) of IPC and Section 4 of Women Harassment Act, in Crime No.187 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel the petitioner assaulted the defacto complainant and threatened her with dire consequences.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the injured person had already been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital, 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, Pudukkottai and on 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 10.00 a.m., for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

https://hcservices.ecourts.gov.in/hcservices/

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 stands dismissed.

sd/- 03/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PUDUKOTTAI.

2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE GANESH NAGAR POLICE STATION, PUDUKKOTTAI.

+1. CC to M/S S.MAHENDRAPATHY Advocate SR.No.27905 +1 cc to MR.S.Muthalraj ADVOCATE, SR NO: 28189 trp JA/SK-SKN/SAR-I/7.6.16/2P-7C

ORDER

IN CRL OP(MD) No.8453 of 2016 Date :03/06/2016 https://hcservices.ecourts.gov.in/hcservices/