Ramar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Ramar ... Petitioner/Accused Rank not known Vs the state rep. By The Inspector of Police, All Women Police Station, Sankarankovil, Tenkasi District.

(Crime No.not known of 2019) ... Respondent/Complainant For Petitioner : M/s. M. Ramu, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail In Crime No. of 2019 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 Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 417, 294(b), 506(2) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No. 9 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The victim claims to have had relationship with the petitioner herein and got pregnant as a result. The victim has suffered a miscarriage. The conception had been sent for forensic analysis/ DNA Test. The petitioner denies the paternity. He also denies the other allegations made againt him by the complainant. 1/3

4.The learned Government Advocate states that the DNA report is still awaited. Taking note of all these facts, I am inclined to grant anticipatory bail to the petitioner. If the DNA report is adverse to the petitioner, the prosecution is directed to move this Court for cancellation of bail. I have gratned anticipatory bail to the petitioner only because as on date, there is no incriminating evidence. If it emerges in the form of DNA report, the prosecution shall proceed in accordance with law. The petitioner has no objection to the said course.

5. In view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sankarankovil, 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/- 03/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SANKARANKOVIL, TENKASI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC to M/S. M. RAMU Advocate SR.No.2153

ORDER

IN CRL OP(MD) No.18466 of 2019 Date :03/02/2020 MK/SKN/SAR 3 (10.02.2020) 3P 6C 3/3