K. Baskaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9212 of 2016 K. BASKARAN ... PETITIONER/ACCUSED No.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO. 199 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.VEILKANI RAJU Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.3, apprehends arrest at the hands of the respondent police for the offences punishable under sections 448, 294(b), 506(ii) IPC and Section 4 of Tamil Nadu prohibition of Harassment of Women Act, in Crime No.199 of 2015, on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 17.02.2015 at about 07.00 p.m., accused Nos.1 and 2 trespassed into the house of the de facto complainant and abused her in filthy language and threatened her with dire consequences. On complaint case has been registered for the above said offences.

3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has no connection whatsoever with accused Nos.1 and 2. The petitioner is working in Southern Railway, Bangaluru. He has already filed a private complaint against the husband of the de facto complainant under Section 138 of the Negotiable Instruments Act and the same is pending in C.C.No.342 of 2012 before the learned Judicial Magistrate cum Fast Track Court, Kovilpatti. As a counter-blast, the de facto complainant has given a false complaint.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that investigation is pending. 5.Considering the facts and circumstances of the case and also considering the fact that the occurrence tookplace on 17.02.2015, this Court is inclined to grant anticipatory bail to the petitioner with https://hcservices.ecourts.gov.in/hcservices/

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, Srivaigundam, 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 once in a week i.e., on every Sunday at 10.30 a.m. for a period of six weeks and thereafter as and when required. 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 made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 14/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIGUNDAM.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

+1. CC to M/S M.VEILKANI RAJU Advocate SR.No.30275.

ORDER

IN CRL OP(MD) No.9212 of 2016 Date :14/06/2016 AM/KBM/SAR-I/15.06.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/