Madras High CourtCRL OP(MD)/16137/2020granted

Esakkimuthu v. The Inspector Of Police

2020-12-30Honourable Mr Justice M. Nirmal Kumar2 pages

CRL OP(MD). No.16137 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/12/2020 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16137 of 2020 Esakkimuthu ... Petitioner/Accused Vs The State Rep.by The Inspector of Police, Kalugumalai Police Station, Thoothukudi District.

Crime No.692/2020.

... Respondent/Complainant For Petitioner : M/s.M.Maria Vinola, Advocate.

For Respondent : Mr.Seenivasan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime no. 692 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 506(ii) of IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act, in Crime No. 692 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that there was a wordy quarrel between the defacto complaint who is the sister-in-law of the petitioner and the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that there is a wordy quarrel between the petitioner and the defacto complainant and no one sustained any injury and it is a case and case in counter.

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CRL OP(MD). No.16137 of 2020

5. In the view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Kovilpatti, 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 Judicial Magistrate No.I, Kovilpatti, 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/- 30/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.

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

3.THE INSPECTOR OF POLICE, KALUGUMALAI POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER IN CRL OP(MD) No.16137 of 2020 Date :30/12/2020 TM/ta AE/PK/SAR-II (04/01/2021) 2P / 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2