T. Balamurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.489 of 2015 T. BALAMURUGAN ... PETITIONER /SOLE ACCUSED Vs 1 THE STATE REP. BY THE INSPECTOR OF POLICE THUAVAKUDY POLICE STATION, TRICHY DT, CRIME NO.392/2014 2 THE INSPECTOR OF POLICE THIRUVERAMBUR ALL WOMEN POLICE STATION, TRICHY DISTRICT ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.T.SENTHIL KUMAR Advocate For Respondent : Mr.A.P.Balasurbramani Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 354, 323 and 506(i) of the Indian Penal Code and Section 4 of the Women Harassment Act, in Crime No.392 of 2014 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner herein is a Government Doctor and the de facto complainant is a nurse. She had borrowed some money from the petitioner and when he demanded, there arose a dispute between them, which resulted in the filing of the present case.
3. Considering the above, this Court is inclined to grant Anticipatory Bail to the petitioner. 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 Judge [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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
[a] the petitioner shall report before the respondent police as and when required for interrogation.
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[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial.
[d] 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/- 13/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDITIONAL MAHILA JUDGE, (JUDICIAL MAGISTRATE LEVEL), TRICHY.
2 -Do- Through THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE THUAVAKUDY POLICE STATION, TRICHY DISTRICT.
5 THE INSPECTOR OF POLICE THIRUVERAMBUR ALL WOMEN POLICE STATION, TRICHY DISTRICT. +1. CC to M/S.T.SENTHIL KUMAR Advocate SR.No. 1628. TS/19.01.2015/2P-7C
ORDER
IN CRL OP(MD) No.489 of 2015 Date :13/01/2015 https://hcservices.ecourts.gov.in/hcservices/