M.Tamilselvan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14694 of 2023 M.Tamilselvan ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Pandhanallur Police Station, Thanjavur District.
Crime No.472/2023.
... Respondent/Complainant For Petitioner : M/s.Dhilipan Pandian R L, Advocate.
For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.472 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested for the alleged offence under Sections 294(b), 442, 352 and 506(ii) of IPC, in Crime No.472 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant's wife had a illicit relationship with the petitioner. Thereafter, both of them stopped their relationship.
On 01.08.2023, at about, 11.00 p.m, the petitioner trespassed into the defacto complainant's house and also threatened him with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is also ready to file an undertaking that they will not make any trouble to the defacto complainant's wife in future. Hence, prays for anticipatory bail.
4. Heard the learned Government Advocate(Crl.Side) appearing for the respondent police and perused the materials available on record.
5. Considering the facts and circumstances of the case, the readiness of the petitioner to file an affidavit that they will not make any trouble to the defacto complainant's wife in future, this Court is inclined to grant anticipatory bail to the petitioner with stringent conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned District Munsif Cum Judicial Magistrate Court, Thiruvidaimaruthur, Thanjavur 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 satisfaction of the learned Magistrate concerned; and the petitioner shall
appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed.
8. The petitioner shall file an undertaking affidavit before the concerned Police Station stating that they will not make any trouble to the defacto complainant's wife in future. If there is any violation of affidavit or if any fresh case is registered against them, the anticipatory bail granted by this Court shall stand cancelled automatically without any reference to the Court.
sd/- 11/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE PANDHANALLUR POLICE STATION, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14694 of 2023 Date :11/08/2023 SS/VR/29/08/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023