Sekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of November Two Thousand And Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20814 of 2018 SEKAR ... PETITIONER /ACCUSED NOT KNOWN Vs The State Rep. by its, THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.388/2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK, Advocate For Respondent : MR.M.ASOKAN, GovERNMENT Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act in Cr.No.388 of 2018 seeks anticipatory bail.

2. The case of the prosecution is that on 13.11.2018, when the defacto complainant was cutting grass for cattle in the land of petitioner, the petitioner questioned the same and developed quarrel with the defacto complainant and assaulted her. Hence, the complaint.

3.The learned counsel for the petitioner would submit that a false case has been foisted against them and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl. Side) submitted that the petitioner and the defacto complainant are belonged to the same village.

5.Taking into consideration the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sivagiri, 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 said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police as and when required for interrogation [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 23/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SIVAGIRI, TIRUNELVELI DISTRICT.

2.DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to MR.M.S.JEYAKARTHIK Advocate SR.No.22037

ORDER

IN CRL OP(MD) No.20814 of 2018 Date :23/11/2018 MK/JC/SAR 4/28/11/2018/3P/6C