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Madras High CourtCRL OP(MD)/2725/2017allowed

Micheal Santha Forgia v. The Sub Inspector Of Police

2017-03-14Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of March Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.2725 of 2017 MICHEAL SANTHA FORGIA ... PETITIONER / SOLE ACCUSED Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE, NORTH POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO. 66 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.N.RAJA MOHAMED Advocate For Respondent : MR.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner herein, who is arrayed as the accused in Crime No.66 of 2017 on the file of the respondent Police, for the alleged offence under Sections 294(b), 353, 506 (ii) I.P.C. , seeks bail. 2.The petitioner alleged to have been interfered in the discharge of the police/de facto complainant in executing the warrant against one accused by name Micheal Stanis Prabu. This petitioner alleged to be the junior to the said Micheal Stanis Prabu, prevented the police from conducting search of his office. 3.Per contra, the learned counsel for the petitioner submits that the petitioner is neither junior to Micheal Stanis Prabu nor present at the scene of occurrence as alleged by the police in the First Information Report. According to the learned counsel for the petitioner, this petitioner, on that particular day, was at Madurai instructing one of her counsel and left Madurai at 07.00 p.m. on that day.

4.This Court considering the profession of the petitioner, is inclined to grant bail to her, by imposing stringent 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) each, with two sureties for a like sum to https://hcservices.ecourts.gov.in/hcservices/

the satisfaction of the Judicial Magistrate No.II Thoothukudi District.

(ii)The petitioner shall stay at Tirunelveli and report before the learned Judicial Magistrate No.II, Tirunelveli daily at 10.30 a.m. until further orders.

(iii)The petitioner shall not tamper with the evidence or witnesses either during investigation or trial. (iv)The petitioner shall not abscond either during investigation or trial.

sd/- 14/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI. 2 THE JUDICIAL MAGISTRATE NO.II, TIRUNELVELI. 3 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 4 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 5 THE OFFICER INCHARGE, WOMEN JAIL, KOKKARAKULAM, TIRUNELVELI DISTRICT. 6 THE SUB INSPECTOR OF POLICE, NORTH POLICE STATION ,THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.B.N.RAJA MOHAMED Advocate SR.No.14510

ORDER

IN CRL OP(MD) No.2725 of 2017 Date :14/03/2017 AAM-SV-MMS-SAR 3/14.3.2017/2P-9C https://hcservices.ecourts.gov.in/hcservices/