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Madras High CourtCRL OP(MD)/23628/2016granted

Joslin, v. The Inspector Of Police,

2016-12-23Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23628 of 2016 JOSLIN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, MANDAIKADU POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.206/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.THIRUVADIKUMAR, Advocate For Respondent : MR.P.KANDASAMY, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 452, 294(b), 323, 506(ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.206 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner states that the petitioner is the sole accused in this case and a wordy quarrel arose between the petitioner and the de-facto complainant and the petitioner abused the de-facto complainant with filthy language and kicked on her stomach. He further states that the injured was not admitted in the hospital and he has taken country medicine for the injury.

3. The learned Government Advocate (Crl.side) appearing for the respondent states that the petitioners said to have abused the dehttps://hcservices.ecourts.gov.in/hcservices/ facto complainant and attacked her.

4. Considering the above facts and circumstances of the case, this Court is 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 his arrest or on his appearance before the Judicial Magistrate, Eraniel 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI @ NAGERCOIL.

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

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

+1. CC to M/S.A.THIRUVADIKUMAR, Advocate SR.No.83425. ORDER IN CRL OP(MD) No.23628 of 2016 Date :23/12/2016 msm-skn/sar1/03.01.17/p2/6c https://hcservices.ecourts.gov.in/hcservices/