Madan 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.17833 of 2018 1.MADAN 2 K. PASIKARAN 3 ABINESH 4 SADASIVAM 5 GNANASEKAR ... PETITIONERS / ACCUSED No.3,4,6,7 & 8 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KOTTAR POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

(IN CRIME NO. 108 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.S.PALANI VELAYUTHAM Advocate For Respondent : Mr.M.ASOKAN Government Advocate ( Crl. Side) 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 and 506 (ii) I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.108 of 2018, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioners and other accused abused the defacto complainant using filthy language and also threatened her with dire consequence. Hence, a case has been registered.

3.Heard the learned counsel appearing for the petitioners. 4.The learned Government Advocate would submit that the respondent police investigating the case and the injured has already been discharged from the hospital.

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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 Judicial Magistrate No.II, Nagercoil, Kanyakumari District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two 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 JUDICIAL MAGISTRATE NO.II, NAGERCOIL, KANYAKUMARI DISTRICT 2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, NAGERCOIL AT KANYAKUMARI DISTRICT.

3.THE INSPECTOR OF POLICE, KOTTAR POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

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

+1. CC to MR.S.PALANI VELAYUTHAM Advocate SR.No.19060

ORDER

IN CRL OP(MD) No.17833 of 2018 Date :05/10/2018 LS AE/JC/SAR2/10.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/