Stephen Raj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8656 of 2015 STEPHEN RAJ ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE PARTHIBANOOR POLICE STATION, RAMANATAPURAM DISTRICT, CRIME NO. 48 /2015).

RESPONDENT(S) / COMPLAINANT(S) For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : 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 the sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 448 and 364(A) of IPC, in Crime No.48 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 24.04.2015, the accused had trespassed into the house of the de-facto complainant and acted in a manner of giving sexual torture to his daughter. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

He further submitted that the de-facto complainant is the neighbouring land owner and there was already love affair between the petitioner and the daughter of the de-facto complainant, which was not liked by the de-facto complainant and hence, this false complaint has been given by him.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the respondent has completed the investigation and also laid a charge sheet in this case. It is further submitted that the petitioner has no bad antecedents.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Paramakudi 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 for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 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/- 08/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUB INSPECTOR OF POLICE PARTHIBANOOR POLICE STATION, RAMANATAPURAM DISTRICT. +1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.29037. TS/11.06.2015/2P-6C

ORDER

IN CRL OP(MD) No.8656 of 2015 Date :08/06/2015 https://hcservices.ecourts.gov.in/hcservices/