P.Revanthkumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2024
CORAM
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI,J.
P.Revanthkumar ... Petitioner/Sole Accused Vs.
Inspector of Police, All Women Police Station, Udumalpet Tiruppur District.
Crime No.22 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. prayed to enlarge the petitioner on bail in Crime No.22 of 2024 on the file of the respondent Police.
For Petitioner : Mr.T.Balachandran For Respondent : Mr.S.Balaji Government Advocate (Crl. Side)
ORDER
The petitioner who was arrested and remanded to judicial custody on 27.06.2024 for the offences under Sections 376, 420, 417 and 506(i) of IPC, in Crime No.22 of 2024 on the file of the respondent Police, seeks bail.
2. Learned counsel for the petitioner would submit that the 1/5
petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that there was a love affair between the petitioner and the victim girl and due to some misunderstanding, both of them got separated long back, whereas, the defacto complainant has lodged a false complaint against the petitioner. He also submitted that the petitioner is suffering incarceration from 27.06.2024. Hence, he prayed for bail stating that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court.
3.The learned Government Advocate (crl.side) would submit that the petitioner and the victim loved each other and the petitioner, on the false promise of marrying the victim, had sexual intercourse with her on several occasions and later, cheated her and he had also married another women. He further submitted that based on the complaint given by the defacto complainant/victim, the present case came to be registered and the statement under Section 164 Cr.P.C. Was also recorded from her and unfortunately, during the investigation, the victim/defacto complainant has committed suicide and she has also left the suicide note. Hence, he vehemently opposed to grant bail to the petitioner.
4. Taking into consideration the fact that the 164 statement of the 2/5
victim girl was recorded and also considering the period of incarceration undergone by the petitioner and the investigation is almost completed, this Court is inclined to grant bail to the petitioner with certain conditions.
5. Accordingly, the petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees two lakhs only) to the credit of Crime No.22 of 2024 and on such deposit, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of which one surety must be a blood surety, each for a like sum to the satisfaction of the learned Judicial Magistrate I, Udumalpet at Tiruppur District and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent Police on Tuesday and Saturday at 10.30 a.m., for a period of three(3) weeks;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid 3/5
conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC. [g] the parents of the victim girl is permitted to withdraw the amount deposited by the petitioner in Crime No.22 of 2024, on proper identification, in the manner known to law.
29.08.2024 msv To 1.The Judicial Magistrate -1, Udumalpet, Tiruppur District.
2.The Sub Jail Udumalpet, Tiruppur District.
3. Inspector of Police, All Women Police Station, UdumalpetTiruppur District.
4. The Public Prosecutor, High Court of Madras.
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T.V.THAMILSELVI,J.
Msv 29.08.2024 5/5