Vasanth v. The Inspector Of Police

CRL OP(MD). No.2808 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2808 of 2020 Vasanth ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Lalapet Police Station, Trichy.

Crime No.11/2020. ... Respondent/Complainant For Petitioner : Mr.S.Ramsundarvijayraj, Advocate for M/s.Veera Associates, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.11 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 is in custody since 26.01.2020 for the offences punishable under sections 354(A), 506(i) of I.P.C., r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.11 of 2020 on the file of the respondent police. He seeks bail.

3. The case of the defacto complainant is that when she was resting at her home, the petitioner trespassed into her house and misbehaved with her. The petitioner is aged about 21 years. The victim is aged about 35 years.

4.The petitioner's counsel would state that there is a money transaction between the two and that is why, a false case has been registered against the petitioner. The petitioner is not having any previous case.

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CRL OP(MD). No.2808 of 2020 5.I am of the view that his continued incarceration is not going to serve any purpose.

6. Taking note of the facts and circumstances of this case, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) 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 learned Judicial Magistrate Court, Kulithalai.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) 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]. sd/- 18/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, KULITHALAI.

2.THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3.THE INSPECTOR OF POLICE, LALAPET POLICE STATION, TRICHY.

4.THE OFFICER INCHARGE SUB JAIL, KULITHALAI.

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

+1. CC to M/S.VEERA ASSOCIATES Advocate SR.No.3429

ORDER

IN CRL OP(MD) No.2808 of 2020 Date :18/02/2020 TK/VR/SAR.4/18.02.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2