Murugaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23972 of 2015 MURUGARAJ ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

(CRIME NO. 9 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S V.SASIKUMAR Advocate For Respondent : MR.K.ANBARASAN, 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 sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 417, 294(b) of IPC and Section 4 of TNPWH Act, in Crime No.9 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner approached the defacto complainant and promised that he would marry the defacto complainant and subsequently, he did not perform the marriage. On the complaint given by the de-facto complainant, the case has been registered for the above said offences.

3.The case of the petitioner is that he is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner is working as Teacher at Government Middle School, Orathanadu. The petitioner never agreed to marry the defacto complainant and there was no such proposal. The petitioner approached the defacto complainant, for obtaining hand loan in order to afford his family expenses.

4.The learned Government Advocate (Crl.Side) submitted that investigation has been completed and the charge-sheet has been filed in C.C.No.245 of 2015 on the file of the learned Judicial Magistrate, Ambasamudram.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the fact that investigation has been completed and the

charge-sheet has been filed in C.C.No.245 of 2015, 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, Ambasamudram 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 concerned Court in all future hearings without fail. 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/- 16/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE AMBASAMUDRAM 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

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

+1. CC to M/S V.SASIKUMAR Advocate SR.No.72222.

ORDER

IN CRL OP(MD) No.23972 of 2015 Date :16/12/2015 AM/31.12.2015/GSV.AN/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/