B.Jesudoss v. The Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11874 of 2020 B.Jesudoss ... Petitioner Vs.
1. The Station House Officer Malkajgiri Police Station, Rachakonda District, Telangana State 500 001.
Crime No.814 of 2018.
2. The Inspector of Police (L & O), H-6, Korukkupet Police Station, Chennai 600 021.
... Respondents Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on interstate anticipatory bail in the event of arrest of his arrest by the respondents 1 and 2 in Crime No.814 of 2018 pending on the file of the first respondent. For Petitioner : Mr.K.Kannan For Respondent : Mr.M.Mohamed Riaz Additional Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondents police for the alleged offence punishable under Section 354 of IPC and Sec.12 of POCSO Act, in Crime No. 814 of 2018, on the file of the first respondent police, seeks anticipatory bail.
2. The learned counsel for the petitioner would submit that a false complaint has been given against the petitioner and he has nothing to do with the said allegations. He further submitted that Interstate Anticipatory bail may be granted to him to enable him to move the appropriate jurisdictional Court for necessary relief.
3. The learned Additional Public Prosecutor on instructions would submit that the 2nd respondent has no intention to arrest the petitioner, however, on instructions he would submit that there is a case pending against the petitioner before the first respondent police station for the offences under Section 354 of IPC and Section 12 of the POCSO Act.
4. Taking into consideration that there is no apprehension of arrest by the 2nd respondent, this Court is inclined to grant interstate interim anticipatory bail to the petitioner.
4. Accordingly, interim interstate anticipatory bail is granted to the petitioner for a period of four weeks ie., till 01.10.2020, on condition that the petitioner shall surrender before the learned XV Metropolitan Magistrate Court, George Town, Chennai, within a period of fifteen days from the date on which the order copy is made ready and 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 said learned Magistrate. Further, within two weeks from the date of execution of bail bond, the petitioner shall approach the competent jurisdictional Court and seek appropriate relief.
-sd/- 03/09/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE METROPOLITAN MAGISTRATE NO.XV, GEORGE TOWN, CHENNAI.
2 THE STATION HOUSE OFFICER, MALKAJGIRI POLICE STATION, RACHAKONDA DISTRICT, TELANGANA STATE - 500 001.
3 THE INSPECTOR OF POLICE (L & O) H-6, KORUKKUPET POLICE STATION, CHENNAI 600 021.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. K.KANNAN Advocate on payment of necessary charges SR.No.6150 CRL OP.11874/2020 Date :03/09/2020 cs 10/09/2020