Madras High CourtCRL OP(MD)/377/2019granted

Chandrasekar v. The Inspector Of Police

2019-01-10Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.377 of 2019 CHANDRASEKAR ... PETITIONER / ACCUSED No. 2 Vs STATE REP. BY, INSPECTOR OF POLICE SESSIONS COURT POLICE STATION, TRICHY CITY.

(CR NO. 5 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.P.RAJ KUMAR Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), and 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002, in Cr.No.5 of 2019 seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the bus conductor are said to have teased the defacto complainant, while travelling in bus and did not allow her to take ticket. When ticket checker found that she had no ticket, he advised her to take ticket. Due to which, a wordy quarrel arose between the conductor and the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner would submit that a false case has been foisted against him and he had nothing to do with the alleged offence.

4. The learned Government Advocate (crl. Side) would submit that the defacto complainant was teased by the petitioner and the bus conductor.

5. Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court inclined to grant anticipatory bail to the petitioner.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila Court (Judicial Magistrate level), Trichy, 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 said Magistrate, on further conditions that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police, as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 10/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL MAHILA COURT (JUDICIAL MAGISTRATE LEVEL), TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE SESSIONS COURT POLICE STATION, TRICHY CITY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.P.RAJ KUMAR Advocate SR.No. 598 ORDER IN CRL OP(MD) No.377 of 2019 Date :10/01/2019 MSI/PN/SAR-II/22.01.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/