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Madras High CourtCRL OP(MD)/15347/2018granted

Manikandan v. The Inspector Of Police

2018-08-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.15347 of 2018 MANIKANDAN ... PETITIONER / ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, S.S. KOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.31 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.THILAGA BALASUBRAMANIAM Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 448 IPC., and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, in Crime No.31 of 2018, seeks anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3. This Court had dismissed the petitioner's earlier petitions taking note of the serious allegations made against the petitioner. Today, this third application has been filed. The learned counsel for the petitioner would point out that there is long standing dispute between the two families. She produced a copy of the CSR receipt issued on 06.06.2018 on a complaint given by the petitioner's wife Sivaranjani against the defacto complainant Perumathal.

4. Taking note of the fact that there is already prior dispute between the parties, this Court is inclined to grant anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thiruppathur, Sivagangai District, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) https://hcservices.ecourts.gov.in/hcservices/

with two sureties 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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5. The petitioner 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/- 29/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUPPATHUR, SIVAGANGAI DISTRICT.

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

3. THE INSPECTOR OF POLICE, S.S. KOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to Mr.A.ARPUTHARAJ, Advocate SR.No.16343

ORDER

IN CRL OP(MD) No.15347 of 2018 Date :29/08/2018 MS/PN/SAR-4/31.08.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/