Baskaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.17801 of 2018 1 BASKARAN 2 MALA 3 JEYALAKSHMI ... PETITIONERS/ACCUSED No.A2 to A4 Vs STATE REP.BY, THE INSPECTOR OF POLICE BODI TOWN POLICE STATION, BODINAYAKANUR, IN CRIME NO.894 OF 2018, THENI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : MR.S.MUTHALRAJ, Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 354 (B), 506(ii) and 109 I.P.C. and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act,2002, in Crime No.894 of 2018, seek anticipatory bail.

2.The case of the prosecution is that due to matrimonial dispute, the petitioners along with A1 abused the defacto complainant by using filthy language and threatened her with dire consequence. A1, is the husband of the defacto complainant. Hence, a case has been registered.

3.Heard the learned counsel appearing for the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that A1 and defacto complainant are husband and wife. The petitioners are her in-laws and the respondent police are investigating the case.

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5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned District Munsif cum Judicial Magistrate, Bodinayakanur, Theni District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners 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/- 05/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, BODINAYAKANUR, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT 3 THE INSPECTOR OF POLICE, BODI TOWN POLICE STATION, BODINAYAKANUR THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.NA.PALANIYANDI, Advocate SR.No.18986

ORDER

IN CRL OP(MD) No.17801 of 2018 Date :05/10/2018 PK/RR/SAR-4/10.10.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/