BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.14856 of 2011 SRIDHARAN ... PETITIONER/1ST ACCUSED Vs STATE REP. BY ITS THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY CITY. CRIME NO.35/2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.T.LENIN KUMAR ADVOCATE FOR RESPONDENT : MR.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 is the first accused and he prayed for grant of anticipatory bail under Section 438 Cr.P.C., for the alleged offences punishable under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.35 of 2011 on the file of the respondent police. 2.Heard Mr.T.Lenin Kumar, learned counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3.According to the learned counsel appearing for the petitioner, the petitioner is an innocent and the allegation against him is that he has instigated the second accused by name Siva @ Sivasakthivel to commit the offence against the de-facto complainant under Section 4 of the Tamil Nay Prohibition of Women Act, 2002. He would also submit that the second accused has been granted anticipatory bail by this Court in Crl.O.P.[MD] No.11864 of 2011 on 08.09.2011. He would request that the petitioner is working as a reporter in 'Daily Thanthi' at Salem and he is ready to abide by any condition likely to be imposed by this Court. 4.The learned Additional Public Prosecutor would submit in his argument that considering the facts and circumstances of the case, suitable orders may be passed. He would further submit that if for any reason the petitioner is granted anticipatory bail, suitable conditions may be imposed. 5.Considering the submissions made by both parties, I could see that the second accused has been granted anticipatory by this Court in Crl.O.P.[Md]No.11864 of 2011 on 08.09.2011. In the said order, this Court has found that the second accused in a juvenile and therefore, anticipatory bail has been granted. However, the allegation made against https://hcservices.ecourts.gov.in/hcservices/ the petitioner is that he has instigated the second accused and petitioner is said to have been living opposite to the house of the de- facto complainant. However, I find that the investigation is pending and the petitioenr has permanent root and therefore, I have no hesitation to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, TriCHY and on 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 Judicial Magistrate No.III, Trichy 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 condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 17/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY CITY. 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC TO M/S. T.LENIN KUMAR ADVOCATE SR.NO.40074. ORDER IN CRL OP(MD) No.14856 of 2011 Date :17/11/2011 2P/6C RPB : 17.11.2011 https://hcservices.ecourts.gov.in/hcservices/