Madras High CourtCRL OP(MD)/12927/2019granted

Saravanan v. The Inspector Of Police

2019-09-18Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12927 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12927 of 2019 Saravanan, ... Petitioner/Accused No.1 Vs State Represented by The Inspector of Police, All Women Police Station, Kumbakonam, Thanjavur District.

(Crime No.12 of 2019). ... Respondent/Complainant For Petitioner : M/s. A. Thiruvadi Kumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.12 of 2019 on the file of the respondent ORDER : The Court made the following order :- The learned Government Advocate (Crl. Side) initially submitted that the offence is bailable and that this criminal original petition may not lie.

2.As per the schedule to Criminal Procedure Code, if the offence is punishable with imprisonment for less than three years or with fine only, it would be a bailable offence. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, is punishable with imprisonment for a period upto three years. In other words, the punishment prescribed in this case can be three year or less. Only if the offence is punishable for less than three years then alone it will be a bailable offence. I am therefore of the view that the offence on hand is a non bailable one. Therefore, this criminal original petition is maintainable.

3.I went through the contents of the FIR. It is seen that the defacto complainant was in consensual relationship with the petitioner for more than 10 years. Merely because the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12927 of 2019 has refused to marry, this case has been lodged. The custodial interrogation of the petitioner is not warranted. Hence, 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, Kumbakonam, 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.

4. 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/- 18/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

To 1.THE JUDICIAL MAGISTRATE NO.I, KUMBAKONAM.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1CC TO MR.A.THIRUVADI KUMAR, Advocate in SR.No.15770

ORDER

IN CRL OP(MD) No.12927 of 2019 Date :18/09/2019 IAS AE/VR/SAR-IV (23.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2