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Madras High CourtCRL OP(MD)/19650/2019granted

Sujin v. The Inspector Of Police

2020-01-06Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.19650 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19650 of 2019 Sujin ... Petitioner/Sole Accused Vs State represented by The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

(Crime No.278/2019). ... Respondent/Complainant For Petitioner : M/s.R.Rajesh, 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. 278/2019 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 294(b), 341, 354A, 354D and 506(ii) of I.P.C. r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.278 of 2019, on the file of the respondent police, seeks anticipatory bail. 3.The de-facto complainant is one Rejila wife of Prabhu. Her specific allegation is that the petitioner is misbehaving with her https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19650 of 2019 and harassing her.

4.The petitioner's counsel, on instructions, states that the petitioner will totally keep off from the de-facto complainant and not interfere with her life in any manner. The husband of the defacto complainant is said to be working in Kerala. Therefore, this Court has to mindful of the safety of the woman concerned. If the petitioner breaches this undertaking, this Court will not hesitate to send him to jail.

5.Recording the said undertaking given by the petitioner's counsel, 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 Judicial Magistrate No.II, Padhanabapuram, 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/- 06/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE No.II, PADHANABAPURAM

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAERCOIL.

3. THE INSPECTOR OF POLICE, KULASEKARAM POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER IN CRL OP(MD) No.19650 of 2019 Date :06/01/2020 SJI TE/JC/SAR-I : 09/01/2020 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2