Sivabalan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18229 of 2018 SIVABALAN ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, BODINAYAKANUR TOWN POLICE STATION, THENI DISTRICT.

(CRIME.NO.894/2018) ... 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 petitioner apprehends 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 Tamil Nadu Prohibition of Harassment of Women Act 2002, in Crime No.894 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that there was a matrimonial dispute between the petitioner and the defacto complainant. Therefore, the defacto complainant lodged a complaint as against the petitioner herein. The petitioner has filed a petition in H.M.O.P.No.240 of 2018 for seeking for divorce, before the learned Subordinate Judge, Theni, the same is pending. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4.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 District Munsif cum Judicial Magistrate Court, Bodinayakanur, Theni District 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 https://hcservices.ecourts.gov.in/hcservices/

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 made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 11/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGUISTRATE COURT, BODINAYAKANUR, THENI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE SUB INSPECTOR OF POLICE BODINAYAKANUR TOWN POLICE STATION, THENI DISTRICT.

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

+1. CC to Mr.NA.PALANIYANDI Advocate SR.No.19431 PS/JC/SAR-4;25/10/2018:2P/6C

ORDER

IN CRL OP(MD) No.18229 of 2018 Date :11/10/2018 https://hcservices.ecourts.gov.in/hcservices/