M. Sekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20343 of 2018 M. SEKAR ... PETITIONER / ACCUSED NO.4 Vs THE STATE REPRESENTED BY INSPECTOR OF POLICE, PANAVADALICHATHIRAM POLICE STATION, TIRUNELVELI DISTRICT.

(IN CRIME NO. 304 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.B.KARUPPASAMY Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 506(ii) of IPC r/w Section 4 of Tamilnadu Prohibition of Women Harassment Act in Cr.No.304 of 2018 seeks anticipatory bail.

2. The case of the prosecution is that due to family dispute arose between the accused person and the defacto complainant there was a wordy quarrel arose between them.

3.The learned counsel for the petitioner would submit that a false case has been foisted against them and they had nothing to do with the alleged offences. The petitioner is the relative of A1. Hence, he was implicated as accused in this case. 4.The learned Government Advocate (Crl. Side) submitted that A1 to A3 have been arrested and released on bail. 5.Taking into consideration the facts of the case, this Court inclined to grant anticipatory bail to the petitioner. 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, https://hcservices.ecourts.gov.in/hcservices/

before the learned Judicial Magistrate, Sankarankovil, on condition that the petitioner shall execute 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 said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police daily at 10.30. a.m. for a period of two weeks and thereafter as and when required for interrogation [c] the petitioner shall not tamper with 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/- 14/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SANKARANKOVIL.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE, PANAVADALICHATHIRAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.KARUPPASAMY Advocate SR.No.21599 PS/RR/SAR-4/20/11/2018/2P/6C

ORDER

IN CRL OP(MD) No.20343 of 2018 Date :14/11/2018 https://hcservices.ecourts.gov.in/hcservices/