Masthan Batcha v. The Inspector Of Police

CRL OP(MD). No.17915 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.17915 of 2021 Masthan Batcha ... Petitioner/Accused Rank Not Known Vs The State rep.by, The Inspector of Police, E3, Anna Nagar Police Station, Madurai District. (Crime No.1968 of 2021) ... Respondent/Complainant (Amended as per Order dated 25.11.2021 in Crl MP(MD)No.10273/2021 in Crl OP(MD) No.17915/2021) For Petitioner : Mr.B.Prahalad Ravi, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory bail in Crime No.1968 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 427, 506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.1968 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. Perusal of records shows that there was possibility of settlement on 16.12.2021, this case was already referred to Mediation and it could not be settled, since the learned counsel for the petitioner stated that the defacto complainant demanded excess amount. However, the petitioner filed an undertaking affidavit that he will not make any trouble to the defacto complainant and to show his bonafide he is ready to deposit Rs.10,000/- towards the damages. 3.Whatever it may be, since the petitioner is ready to file an undertaking affidavit and considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioner to the petitioner.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.17915 of 2021 4.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Cr.No.1968 of 2021 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

5. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.VI, Madurai on condition that the petitioner shall execute 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 daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. Further the petitioner is directed to file an undertaking affidavit before the trial Court that he will not make any trouble to the defacto complainant.

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 stands dismissed.

sd/- 10/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE E3, ANNA NAGAR POLICE STATION, MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.B.PRAHALAD RAVI, Advocate (SR-8487[I] dated 12/08/2022) ORDER IN CRL OP(MD) No.17915 of 2021 Date :10/08/2022 PNM MK/VR/SAR.IV/24.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2