Muthukumar@Karthikmathan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15255 of 2023 Mathankumar @ K.Karthickmathan ... Petitioner/Sole Accused

Vs The State, represented by The Inspector of Police, C-2, Subramaniyapuram Police Station, Madurai District – 625 003. (Crime No.348 of 2023). ... Respondent/Complainant

For Petitioner : Mr.P.Balamurugan, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :-For Anticipatory Bail in Crime No.348 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :-

The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 448 of I.P.C, and Section 4 of Women Harassment Act, in Crime No.348 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecuton is that on 12.08.2023, during Bala Nagammal Temple Festival at Pykara, the accused entered into the house of the defacto complainant, thrown eggs towards the defacto complainant and also tried to misbehaved with her sexually. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent person and has not committed any such offence as alleged by the prosecution.

¶4The learned Government Advocate (Crl. Side) for the respondent Police submitted that there is no previous case pending against the petitioner.

¶5Considering the facts and circumstances of this case and also considering that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.IV, Madurai, on condition that the petitioner shall execute 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. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶7The 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/-

22/08/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU TO 1 THE JUDICIAL MAGISTRATE NO.IV MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE C2, SUBRAMANIYAPURAM POLICE STATION, MADURAI-625 003. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.P.BALAMURUGAN, Advocate ( SR-12837[I] dated 25/08/2023 ) ORDER IN CRL OP(MD) No.15255 of 2023 Date :22/08/2023 SSA/VR/01.09.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023