BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16636 of 2011 J. JAMES ANBAYA ... PETITIONER / ACCUSED Vs THE STATE OF TAMILNADU REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DT ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.XAVIER RAJINI Advocate For Respondent : M/S.K.S.DURAIPANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / Accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 (TNPHWA Act, 2002), in Crime Number 45 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3. According to the submission of the learned counsel for the petitioner, there was no incident happened in the said place. Therefore, he requests this Court to grant anticipatory bail to the petitioner. 4. The learned Additional Public Prosecutor would submit in his argument that in this case, investigation is pending and the allegation made in the complaint has to be decided only at the conclusion of the investigation. He would further submit that if for any reasons, this Court is inclined to grant anticipatory bail to the petitioner, suitable conditions may be imposed. 5. Considering the submissions made by both sides, this Court is inclined to grant anticipatory bail to the petitioner, but with the following stringent conditions: i) Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.II, / Nagercoil and on executing a bond for a https://hcservices.ecourts.gov.in/hcservices/ sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further condition. ii) that the petitioner shall appear before the respondent police daily at 06.00 p.m. until further orders. iii) The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. iv) 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 stands dismissed. sd/- 20/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II NAGERCOIL 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DT +1. CC to M/S. S.XAVIER RAJINI Advocate SR.No.44557 ORDER IN CRL OP(MD) No.16636 of 2011 Date :20/12/2011 SMA/21.12.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/