Ganesan v. The Inspector Of Police
CRL OP(MD). No.3892 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3892 of 2020 Ganesan ... Petitioner/Accused Vs The State rep.by The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli District.
Crime No.2 of 2020. ... Respondent/Complainant For Petitioner : M/s.G.Pradeep Dhinakaran, Advocate.
For Respondent : Mrs.M.Ananathadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 02 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 30.01.2020 for the offences under Sections 341,294(b),354(A), 376, 511, 323 and 506(ii) of I.P.C. and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.2 of 2020 on the file of the respondent police. Hence, he seeks bail.
3. I went through the contents of the FIR. It is seen that the petitioner is said to have attempted to rape the victim.
4. The petitioner's counsel on instructions states that the petitioner will totally keep off from the victim in future. If the petitioner even tries to reach out the victim, this Court will not hesitate to cancel this bail and commit him to custody. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.3892 of 2020
5. Recording the said undertaking, 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 Judicial Magistrate, Ambasamudram.
(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/- 28/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, AMBASAMUDRAM.
2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.
3.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.PRADEEP DHINAKARAN Advocate SR.No.4483
ORDER
IN CRL OP(MD) No.3892 of 2020 Date :28/02/2020 TK/PN/SAR.2/28.02.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2