Madras High CourtCRL OP(MD)/16672/2023disposed of

Pandidurai v. The Inspector Of Police

2023-09-21Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Pandidurai

2. K.Jayalakshmi ... Petitioners/Accused Vs The State represented by The Inspector of Police, Thideer Nagar Police Station, Madurai Town, Madurai District.

Crime No.596 of 2023..

... Respondent/Complainant For Petitioner : Mr.R.Sevugaraja, 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.596 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent 1/3

police for the alleged offence punishable under Sections 342, 294(b), 323, 506(i) of IPC and Section 4 of Tamil Nadu Women Harassment Act, in Crime No.596 of 2023 on the file of the respondent police, seek anticipatory bail. 2.While passing the remand order, the learned Judicial Magistrate No.V, Madurai, has observed that since no proper procedure has been followed by the Investigating Officer, remand was refused. So the accused Nos.1 and 2 were set free. But, further they were directed to get remedy from the concerned Court within a period of two weeks. At the time of passing the above said order, the learned Judicial Magistrate ought to have enlarged the petitioner on bail on executing bond. This necessitated the petitioner to approach this Court unnecessarily. Since the remand itself has been refused or rejected, there is no question of harassment to the petitioner. They can very well approach the concerned Court and execute bond under Section 88 of Cr.P.C. to its satisfaction. 3.With the above said directions, this criminal original petition stands disposed of.

sd/- 21/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TM TO THE INSPECTOR OF POLICE THIDEER NAGAR POLICE STATION, MADURAI TOWN, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16672 of 2023 Date :21/09/2023 SS/VRS/SAR- /25/10/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3