The Pastor Gideon Jacob v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16570 of 2015 THE PASTOR GIDEON JACOB MOSE MINISTRIES ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE K.K.NAGAR POLICE STATION, TIRCHY.

... RESPONDENT / COMPLAINANT For Petitioner : M/S M.SIDDHARTHAN Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is an accused, was apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections (*)20(2) of Tamilnadu Hostel and Home for Women and Children Regulation Act, 2014 and Section 23 of J J Act,2000 in Crime No.548 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the defacto complainant/the District Social Welfare Officer, the accused was running a Charitable Organisation called Good Shephered Evangelical Mission without obtaining proper permission.

3.The learned counsel for the petitioner submitted that the petitioner is running a Destitute Home for children for more than 30 years after obtaining necessary permission from the authorities and now the allegation is that the accused had failed to get permission under the new Act promulgated in the year 2014. He further submitted that the petitioner has filed an application seeking permission and in the meanwhile, a false complaint was lodged against the petitioner.

4.The learned Government Advocate (Crl.Side) submitted that as per the new Act all the Institutions, who were already running a home for children has to obtain fresh permission under the new Act. She further submitted that the petitioner is running the Home without proper license.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.VI, 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., for a period of one week and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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, the petition for anticipatory bail stands dismissed.

(*)Corrected as per the order of this court dated 09.09.2015.

Sd/- 31/08/2015 Time is extended for a period of two weeks from the date on which the order copy made ready.

Sd/- 09.09.2015 / TRUE COPY / Sub-Assistant Registrar TO THE SUBSTITUTED ORDER COPY ALREADY BE DESPATCHED 1.THE JUDICIAL MAGISTRATE NO.VI, TRICHY.

2.THE CHIEF JUDICIAL MAGISTRATE TRICHY 3.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE K.K.NAGAR POLICE STATION,TIRCHY.

+1. CC to M/S M.SIDDHARTHAN Advocate SR.No.53462

ORDER

IN CRL OP(MD) No.16570 of 2015 Date :31/08/2015 2P/6C AM/GSV.PM/SAR-I/10.09.2015.

https://hcservices.ecourts.gov.in/hcservices/