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Madras High CourtCRL OP(MD)/7991/2024partly allowed

N. Rajeshwar v. The Inspector Of Police

2024-05-29Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI N. Rajeshwar, S/o. Nagarajan, No. 1022, Maharani Deluxe, Valar Nagar, Uthangudi, Madurai - 625107.

... Petitioners/Accused No.1 Vs The Inspector of Police, All Women Police Station, Karur District.

(Crime No. 6 of 2024).

... Respondent/Complainant For Petitioner : M/s. Anandharaj.R., Advocate.

For Respondent : Mr.P,Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/5

PRAYER :- For Anticipatory Bail in Crime No.6 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 354, 417, 294(B) and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.6 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.Initially, the petitioner along with A2 and A3 have moved this application. This Court, while entertaining this application on the averments made against A2 and A3, by order dated 29.05.2024, granted anticipatory bail and posted the matter for further hearing with regard to the allegation against this petitioner is concerned. 3.

The allegation against the petitioner is that while he was working as a Trainee in the Karur Medical College Hospital, he had an affair with the defacto complainant, who is also a Doctor by profession, promised to marry her and has also induced her to abort her child. The defacto complainant is aged about 25 years and she is also an MBBS graduate.

and as such, she cannot put the entire blame on the petitioner alone for the abortion. 4.Considering the nature of the allegations, this Court is inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this criminal original petition is allowed and the petitioner 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 Additional Mahila Court, Karur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

ii. The petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders;

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iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. iv. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 06/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Additional Mahila Judge, Karur.

2. The Inspector of Police, All Women Police Station, Karur District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.ANANDHARAJ, Advocate ( SR-6233[I] dated 07/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.7991 of 2024 Date : 06/06/2024 RK/GS(14/06/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5