Venkateswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Venkateswaran @ Vengatesh ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Thilagar Thidal Police Station, Madurai District. ... Respondent/Complainant For Petitioner : M/s.K.Janarthanan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervener : Mr.Chellapandian, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1210 of 2019 on the file of the respondent ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the intervener 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 under sections 294(b), 324 and 506(ii) of I.P.C. and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.1210 of 2019, on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that when the defacto complainant went during night hours to attend the call of nature, the petitioner and A1 were standing in the dark and when the defacto complainant questioned them, they replied in a highly offensive manner and when the same was protested by the complainant's husband, he was assaulted. The complainant's husband appears to have been in hospital for one day. He has since been discharged. He suffered only a simply injury.

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4. The petitioner's counsel on instructions states that the petitioner will write out a hand written letter of apology along with the demand draft for a sum of Rs.1,000/- favouring the defacto complainant's husband. Of course this is without prejudice to the petitioner's defence in the trial.

5. The learned counsel appearing for the intervener states that after the registration of this FIR, the petitioner came to the house of the defacto complainant and threatened her that she must withdraw her complainant.

6. This Court makes it clear that the petitioner should totally keep away from the defacto complainant hereafter and any act of intimidation of the witness will be viewed seriously and the anticipatory bail now granted will be cancelled.

7. Recording the aforesaid conditions, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Additional Mahila Court (Magistrate Level), Madurai, 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 Court 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.

8. The petitioner shall appear before the concerned Court 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/- 02/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDGE, ADDITIONAL MAHILA COURT (MAGISTRATE LEVEL),MADURAI.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, THILAGAR THIDAL POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.K.JANARTHANAN, Advocate ( SR-24[I] dated 02/01/2020 ) +1 CC to M/s.M.CHELLAPANDIYAN, Advocate ( SR-81[I] dated 03/01/2020 )

ORDER

IN CRL OP(MD) No.19515 of 2019 Date :02/01/2020 IAS TK/PN/SAR.1/08.01.2020/3P/7C 3/3