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Madras High CourtCRL OP/19354/2020granted

Tamilselven K.K v. The Station House Officer

2020-12-10Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.19354 of 2020 Tamilselvan K.K ... Petitioner

Versus

1.The Station House Officer, Maharastra Industrial Development Corporation(MIDC), Bhosari Police Station, Pimpri - Chinchwad, Pune, Maharashtra State - 411026. 2.The Inspector of Police, S7, Madipakkam Police Station, Kancheepuram District.

... Respondents (Crime No.105 of 2020) Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.105 of 2020 on the file of the respondent police.

For Petitioner : Mr.S.Xavier Felix For Respondent : Mr. M. Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehend arrest for the alleged offence under Sections 354(A), 354(D), 384 & 507 of IPC, and Section 67 of Information Technology Act, 2000, in Crime No.105 of 2020 on the file of the respondent police, seek 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 Sections 354 (A), 354(D), 384 & 507 of IPC, and Section 67 of Information Technology Act, 2000.

4.Taking into consideration that there is no apprehension of arrest by the 2nd respondent, this Court is inclined to grant inter-state interim anticipatory bail to the petitioner. 5.Accordingly, interim interstate anticipatory bail is granted to the petitioner for a period of two weeks ie., till 24.12.2020, on condition that the petitioner shall surrender before the learned Judicial Magistrate No.II, Alandur, Kancheepuram District, 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 within the State of Maharashtra sand seek appropriate relief failing which, the anticipatory bail granted shall be automatically cancelled. -sd/- 10/12/2020 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 JUDICIAL MAGISTRATE NO.II, ALANDUR, KANCHEEPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATION HOUSE OFFICER MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION (MIDC), BHOSARI POLICE STATION, PIMPRI-CHINCHWAD, PUNE, MAHARASHTRA STATE -411 026.

5 THE INSPECTOR OF POLICE S7, MADIPAKKAM POLICE STATION, KANCHEEPURAM DISTRICT +1CC to M/S.S.XAVIER FELIX Advocate on payment of necessary charges SR NO.8160 CRL OP.19354/2020 Date :10/12/2020 MK:18/12/2020