Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18236 of 2018 KANNAN ... PETITIONER / ACCUSED NO.3 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO. 10/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.MURALI, 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 147, 294(b), 323, 341 and 506(ii) I.P.C and Section 4 of Women Harassment Act, in Crime No.10 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the defacto complainant are neighbours, due to previous enmity, the petitioner and other accused persons assaulted the defacto complainant and caused injuries and abused her using filthy language. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) submitted that earlier the petitioner along with other accused persons have got anticipatory bail on 24.01.2018. But the petitioner herein did not produce the sureties before the trial court within the time limit granted by this Court. Therefore, he filed an extension of https://hcservices.ecourts.gov.in/hcservices/

time petition for producing the sureties and the same was allowed on 22.03.2018. However, the petitioner did not produce the sureties before the trial court again and he filed an extension of petition and the same was dismissed on 18.09.2018. Now the petitioner filed a petition for granting of anticipatory bail.

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 learned Judicial Magistrate Court, Paramakudi 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 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 JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3.THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to MR.R.MURALI Advocate SR.No.19542.

ORDER

IN CRL OP(MD) No.18236 of 2018 Date :11/10/2018 RAM/MMS/SAR 1/25.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/