Alphonse v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16587 of 2018 ALPHONSE ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE KUNDRAKUDI POLICE STATION, SIVAGANGAI DISTRICT IN CR NO.NOT KNOWN OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.A.MURALIKUMAR Advocate For Respondent : MR.V.NEELAKANDAN ADDITIONAL PUBLIC PROSECUTOR 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 offences punishable under Sections 294(b), 324 and 506(i) IPC, and Section 4 of Woman Harassment Act and Section 4 and 5(2) of the Exorbitant Interest Act, 2003, in Crime No.122 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant borrowed loan from the petitioner and she has paid the loan amount, but the petitioner demanded exorbitant interest, due to which the petitioner abused the defacto complainant and assaulted the defacto complainant and her son. Hence, the case has been registered. 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. The defacto complainant gave a false complaint against the petitioner herein. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4.Heard the learned Additional Public Prosecutor appearing for the respondent.

5.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 District Munsif cum Judicial Magistrate Court, karaikudi 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 10.30.am., for a period of two weeks, thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.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 shall stand dismissed.

sd/- 17/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KARAIKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI 3 THE INSPECTOR OF POLICE KUNDRAKUDI POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.A.MURALIKUMAR Advocate SR.No. 84426

ORDER

IN CRL OP(MD) No.16587 of 2018 Date :17/09/2018 MSI/JC/SAR-IV/25.09.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/