Stanley David v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of April Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.6489 of 2015 STANLEY DAVID ... PETITIONER/SOLE ACCUSED Vs THE SUB INSPECTOR OF POLICE THIRUNELVELI MEDICAL COLLEGE HOSPITAL, POLICE STATION, THIRUNELVELI.

CR.NO.288/2104. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.NIRANJAN S KUMAR Advocate For Respondent : Govt. Advocate ( Crl. Side) For Intervenor : MR.SULTHAN BHASA, ADVOCATE PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 354 of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.288 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 28.11.2014 at 11.45 hours, the accused had gone to the house of the de-facto complainant and knocked the door and when she opened the door, he attempted to outrage her modesty which is also recorded in the CCTV installed therein.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence.

4. Mr.J.Sulthan Basha, learned counsel for the intervenor has no objection for granting anticipatory bail to the petitioner.

5. Heard the learned Government Advocate (Crl.side).

6. Considering the facts and circumstances of the case, 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 No.I, Tirunelveli and on his 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 respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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7. 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/- 24/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI. 2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3. THE SUB INSPECTOR OF POLICE THIRUNELVELI MEDICAL COLLEGE HOSPITAL, POLICE STATION, THIRUNELVELI.

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

SR/IV : 29.04.2015 : 2P/5C

ORDER

IN CRL OP(MD) No.6489 of 2015 Date :24/04/2015 https://hcservices.ecourts.gov.in/hcservices/