Umesh Kannan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.08.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Umesh Kannan ... Petitioner/Sole Accused Vs The State rep.by, The Sub Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

in Crime no.276 of 2021. ... Respondent/Complainant For Petitioner : Mr.M.Jothibasu, Advocate.

For Respondent : Mr.P.Kottai Chamy Government Advocate(Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime no.276 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(2) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.276 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 30.06.2021, the petitioner came to the house in inebriated mood, scolded the defacto complainant using abusive words, pushed her down on the street and attacked her on the back side of the body. Hence, the complaint.

3. The learned counsel for the petitioner submits that the defacto complainant is the wife of the petitioner and this complaint is lodged due to matrimonial dispute. Further, he would submit that no injury has been caused to the defacto complainant.

4. The learned Government Advocate (Criminal Side), opposed this petition on the ground that investigation is yet to be completed.

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5. Considering the fact that this is a matrimonial dispute and that no injury has been caused to the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner and hence, this petition is allowed.

6. Accordingly, 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 Judicial Magistrate Court No.II, Sivakasi, Virudhunagar District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the Magistrate concerned and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b]the petitioner shall report before respondent as and when required, until further orders.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 10/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTICT AT SRIVILLIPUTHUR.

3 THE SUB INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.G.M.LAW OFFICE, Advocate( SR-5286[I] dated 11/08/2021 )

ORDER

IN CRL OP(MD) No.10573 of 2021 Date :10/08/2021 MBI MK/VR/SAR.III/17.08.2021/3P/6C 3/3