P. Sankar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17092 of 2018 P. SANKAR ... PETITIONER / SOLE ACCUSED Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, CHERAKULAM POLICE STATION, THOOTHUKUDI DISTRICT.

(IN CRIME NO. 32 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.V.M.JEGADEESHAPANDIAN Advocate For Respondent : Mrs.M.ANANTHA DEVI, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448 and 354 I.P.C, in Crime No.32 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that on 12.09.2018 at midnight while the defacto complainant sleeping at her house, the petitioner was trespassed to the defacto complainant's house and tried to assault her with an intention to outrage her modesty. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. Due to previous enmity, the petitioner has been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner and the defacto complainant are neighbours and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Srivaikundam and on his executing 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 on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.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 shall stand dismissed.

sd/- 25/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3.THE SUB INSPECTOR OF POLICE, CHERAKULAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to MR.V.M.JEGADEESHAPANDIAN Advocate SR.No.18224

ORDER

IN CRL OP(MD) No.17092 of 2018 Date :25/09/2018 msa AE/RR/SAR1/01.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/