P.C. Ganesh v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18223 of 2015 P.C. GANESH ... PETITIONER / 1st ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE THALAMUTHUNAGAR POLICE STATION, THOOTHUKUDI,THOOTHUKUDI DISTRICT.

(CRIME NO. 541/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUTHALRAJ Advocate For Respondent : MS.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 arrayed as A1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 324, 406, 379 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.541 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The prosecution case is that the defacto complainant was living alone due to matrimonial dispute with her husband and taking advantage of that, the accused No.1 developed illicit intimacy with defacto complainant and on 18.08.2015, the accused have entered into the house of the defacto complainant, scolded her in filthy language and also taken Rs.1,40,000/- and 2 1⁄2 sovereigns of gold chain of the defacto complainant.

3.The learned counsel for the petitioner submitted that the petitioner is not having any relationship with the defacto complainant and he has been falsely implicated in this case and it is further submitted that he is ready to co-operate for trial. 4.The learned Government Advocate (Crl.side) submitted that there is no bad antecedents against the petitioner and the accused Nos.2 to 4, who are the relatives of the first accused, got agitated over the illicit relationship of the first accused with the defacto complainant has committed this offence.

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.II, Thoothukudi 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., until further orders. 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. sd/- 22/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,THOOTHUKUDI 2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI 3 THE SUB INSPECTOR OF POLICE THALAMUTHUNAGAR POLICE STATION, THOOTHUKUDI,THOOTHUKUDI DISTRICT.

4 THE THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.S.MUTHALRAJ Advocate SR.No. 56178

ORDER

IN CRL OP(MD) No.18223 of 2015 Date :22/09/2015 JAM/NGM-SS/SAR-I/25.9.15/2P-6C https://hcservices.ecourts.gov.in/hcservices/