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Madras High CourtCRL OP(MD)/2503/2020disposed of

Balasubramanian v. The Inspector Of Police

2020-02-13Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2503 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2503 of 2020 Balasubramanian ... Petitioner/Sole Accused (As Per the FIR, Petitioner's Name Mentioned as Bala) Vs The Inspector of Police, SIPCOT Police Station, Tuticorin District.

Crime No.41/2020 ... Respondent/Complainant For Petitioner : M/s.D.Shanmugaraja Sethupathi, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.41 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 353, 506(i) of I.P.C., in Crime No. 41 of 2020 on the file of the respondent police, seeks anticipatory bail.

3.I went through the contents of the First Information report, I felt that the contents of the First Information Report must be substantially true.

4.The learned counsel for the petitioner there upon submitted that the petitioner will meet the defacto complainant in person and hand over a hand written letter in which he will not only express https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2503 of 2020 his unconditional apology for whatever happened, but also give an undertaking that he will not conduct himself in a similar fashion. 5.The petitioner is not a young lawyer. He is aged about 58 years. He is obviously a senior member of the Bar. This Court wants him to conduct himself as a model citizen. I do not want to pass any more remarks.

6.The respondent shall also treated the issue as closed. Upon the petitioner, complying with the undertaking given before this Court, the respondent shall file a final report dropping further action in the matter. The learned Judicial Magistrate shall accept the same immediately. Since the petitioner has agreed to undo the wrong already committed and since the case is going to be closed, the petitioner's apprehension or arrest is not having any more basis. With this direction, this Criminal Original Petition is disposed of.

7.This Court hopes that the petitioner will give up his smoking habit. It is well known that smoking is injuries to health. sd/- 13/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III, TUTICORIN DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3. THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, TUTICORIN DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-3083[I] dated 13/02/2020 )

ORDER

IN CRL OP(MD) No.2503 of 2020 Date :13/02/2020 MS/PN/SAR-2/19.02.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2