BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10782 of 2011 S.SENTHIL RAJ KUMAR : PETITIONER/ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLCIE MUSIRI POLICE STATION, TRICHY DISTRICT. CRIME NO.402 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.SURESH KUMAR Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor For Petitioner : M/S. G.MANIKANDA RAJA Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 448, 294(b) and 506(ii) of I.P.C and Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.402 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner was charged under Sections 448, 294(b) and 506(ii) of I.P.C and Section 4 of Tamil Nadu Prohibition Women Harassment Act and the alleged occurrence has been taken place on 23.7.2011 and the petitioner is an innocent person and he has not committed offence and he has been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor submitted that the petitioner herein has entered the printing press of the defacto complainant and abuse the wife of the defacto complainant. Further more, after complaint has been given, the petitioner's mother and wife has entered the printing press and abuse them. Hence, another case has been registered in Crime No. 419 of 2011 and the petitioner's mother was arrested and suspended from service and investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned counsel for the intervener submitted that the defacto complaint is running a printing press and the petitioner is having the habit of harassing women and he has not given any complaint against the defacto complainant and investigation is in initial stage and hence, he also prays for dismissal of this application. 5. Considering the rival submissions made by both sides, the defacto complaint is running printing press and the petitioner herein is running a internet cab and because of non payment of browsing charges, the occurrence has been taken place on 23.7.2011 and investigation is considerably over and even though the petitioner was not arrested neither he interfered with the investigation nor absconded from jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Musiri,Trichy, and 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 report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.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, anticipatory bail petition stands dismissed. sd/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 . THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLCIE MUSIRI POLICE STATION, TRICHY DISTRICT. +1 CC to M/S. S.SURESH KUMAR Advocate SR.No.30184 ORDER IN CRL OP(MD) No.10782 of 2011 Date :05/09/2011 NSV/7.9.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/