Sundarapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Eleventh day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.14192 of 2018 1 SUNDARAPANDI 2 CHITHRA ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION, PUDUKKOTTAI DISTRICT.

IN CRIME NO.63 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.A. ARUN PRASAD Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Government Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 325, 506(ii) I.P.C and Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.63 of 2018 on the file of the respondent police, seek anticipatory bail.

2.This Court had dismissed their earlier petition in view of the overt acts attributed to them.

3. The learned counsel for the petitioners undertakes that a sum of Rs.10,000/- will be directly paid to the victim to cover her medical expenditures. This is a non-refundable payment. Even if the petitioners are acquitted in the trial, this will not be returned to them. Subject to this condition, the learned counsel for the petitioners submits that this Court can consider their present case. Subject to the aforesaid condition that the petitioners have to pay a sum of Rs.10,000/- directly to the victim, anticipatory bail is granted. It is needless to mention that merely because the petitioners have agreed to pay the said payment, it will not be amount to admission of guilt. The trial court shall decide the matter independently on its own merits.

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4. Heard the learned Government Advocate (Crl.side) appearing for the State.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thirumayam, and on their executing a separate 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 11/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUMAYAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1. CC to Mr.A. ARUN PRASAD Advocate SR.No.15407

ORDER

IN CRL OP(MD) No.14192 of 2018 Date :11/08/2018 MS/PN/SAR-4/14.08.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/