M.Prince v. The Inspector Of Police

CRL OP(MD) No.13337 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13337 of 2022 M.Prince ... Petitioner/Accused No.1 Vs The Inspector of Police, All Women Police Station, Virudhunagar.

Crime No.14 of 2022.

... Respondent/Complainant For Petitioner : M/s.Suthakaran I, 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.14 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 354-A, 354-D, 509 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.14 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons used to misbehave with the defacto complainant, whenever she goes to her father's shop, over which, her father also warned the accused persons. Again on 09.07.2022 at about 09.30PM, the accused persons tried to hit her on back and she informed the same to her father. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. To show his bonafide he also filed an undertaking affidavit that he will not indulge in any offence in future.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that on the previous occasion also the accused persons tried to misbehave with the defacto complainant.

5. Considering the nature of offence and the undertaking filed by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.13337 of 2022

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Virudhunagar 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 learned Magistrate concerned and the petitioner shall file an undertaking affidavit before the trial Court that he will not indulge in any offence in future and appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 02/09/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR @ SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VIRUDHUNAGAR.

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

+1. CC to M/S.SUTHAKARAN I Advocate SR.No.9569

ORDER

IN CRL OP(MD) No.13337 of 2022 Date :02/09/2022 RK/SVR/SAR-IV(08/09/2022) 2P/6C https://www.mhc.tn.gov.in/judis 2/2