P.Suganthan v. The Inspector Of Police

CRL OP(MD). No.17214 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2021 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.17214 of 2021 P.Suganthan ... Petitioner/1st Accused Vs The State Rep. by Inspector of Police, Kottar Police Station, Kanniyakumari District.

Cr.No.844 of 2021. ... Respondent/Complainant For Petitioner : M/s.Sivasubramanian.A, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime.No. 844 of 2021 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 Additional Public Prosecutor appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 353, 506(ii), 294(b) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998, in Crime No.844 of 2021 on the file of the respondent police, seeks anticipatory bail.

3. The defacto complainant's husband had availed loan from the bank, in which, the petitioner is working as a manager. It is stated that he committed default. Hence, the petitioner is said to have instructed the collecting agent to approach the debtor. In the process, the collecting agent is said to have gone to the school premises where the defacto complainant is working.

4. The learned counsel for the petitioner, on instructions, gives an undertaking that since the defacto complainant Rathi is not the debtor, he would refrain from approaching her or contacting her in any manner.

5. Considering the nature of allegations made against the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.17214 of 2021 petitioner, I am of the view that arresting the petitioner is not going to serve any purpose. Hence, anticipatory bail is granted. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Additional Mahila Court at Magisterial level, Nagercoil, Kanyakumari, 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.

6. 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/- 08/11/2021 / TRUE COPY / / /2021 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 Additional Mahila Court at Magistrate Level, Nagercoil, Kanyakumari.

2.DO THROUGH The Chief Judicial Magistrate, Kanyakumari District.

3.The Inspector of Police, Kottar Police Station, Kanniyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.17214 of 2021 Date :08/11/2021 RS/TR/SAR3 (11.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2