Gopal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.8252 of 2015 GOPAL ... PETITIONER/ACCUSED DHANALAKSHMI ... INTERVENCE PETITIONER/ DEFACTO COMPLAINANT Vs THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUMAYAM, PUDUKKOTTAI DIST.
CRIMINAL NO.NOT KNOWN OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.K.MANICKAM Advocate For Respondent : M/S.S.PRABHA Govt. Advocate ( Crl. Side) For Intervenor : M/s R.RAMACHANDRAN Advocate PETITION FOR ANTICIPATORY BAIL UNDER SEC. 438 CR.P.C. ORDER : The Court Made the following order :- The petitioner, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 417, 294(b), 323 and 506(i) of the Indian Penal Code in Crime No.8 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.
2. The case of the prosecution is that all the accused person threatened the defacto complainant with dire consequences.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Criminal Side) would submit that the accused misappropriated more than Rs.7,00,000/-.
5. The learned counsel for the Intervenor has vehemently opposes for granting anticipatory bail to the petitioner stating that the defacto complainant and the petitioner/A.1 fell in love with each other and the petitioner promised to marry the defacto complainant and on the assurance given by the petitioner, the defacto complainant went along with him to various places and now, the petitioner had prepared to engage with some other girl and when the same was questioned, all the accused persons threatened the defacto complainant with dire consequences.
6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
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7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thirumayam 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 report before the respondent Police daily at 10.00 a.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
8. 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/- 05/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, THIRUMAYAM.
2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUMAYAM TALUK, PUDDUKKOTTAI DISTIRCT.
3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUMAYAM, PUDUKKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.A.K.MANICKAM Advocate SR.No.44335
ORDER
IN CRL OP(MD) No.8252 of 2015 Date :05/08/2015 GJM/KBM/SAR-II 10.8.20156 2P/6C https://hcservices.ecourts.gov.in/hcservices/