Jeyabalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10175 of 2015 JEYABALAN ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT CRIME NO.10/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.DEENADHAYALAN 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, who is arrayed as accused No.1 in Crime No.10 of 2015 on the file of the respondent police, was arrested on 03.05.2015 for the alleged offences under Sections 294(b), 420, 506 (ii) of I.P.C., and Section 4 of TNPHW Act altered into Sections 354 (A), 366, 342, 506(ii) of I.P.C. and Section 4 of TNPHW Act, and hence, seeks bail.

2. According to the de-facto complainant, the first accused had one side love with her and the second accused, who is the father of the first accused assisted him for kidnapping for the purpose of marriage.

3. The learned counsel for the petitioner submitted that the de-facto complainant is aged about 21 years and she had love affair with the first accused and on her own volition, she joined with the first accused and she was living in their house and thereafter, in a panchayat, the custody of the de-facto complainant was given to her parents and thereafter, she was kept in illegal detention. Thereafter, the father of the petitioner / A2 filed Crl.O.P.(MD). No.6284 of 2015 seeking a direction to the police to register a case and the same was ordered on 08.04.2015.

4. The learned counsel for the petitioner further submitted that the alleged occurrence had taken place on 28.03.2015, the complaint was given only on 02.05.2015 which itself shows that it was given with mala fide intention. It is further submitted that the second accused was released on anticipatory bail by the Sessions Court in Cr.M.P.(MD).No.1482 of 2015.

https://hcservices.ecourts.gov.in/hcservices/

5. The learned Government Advocate (Crl.side) submitted that it is the case of one side love and the accused have kidnapped the defacto complainant on 28.03.2015 and the victim is now secured.

6. Considering the facts and circumstances of the case and the petitioner is in judicial custody from 03.05.2015, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, 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 each for a like sum to the satisfaction of the learned Judicial Magistrate, Srivaikundam and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders.

sd/- 09/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.

4 THE OFFICER-IN-CHARGE, DISTRICT PRISON, SRIVAIKUNDAM 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.28714

ORDER

IN CRL OP(MD) No.10175 of 2015 Date :09/06/2015 NA/PPS/09/06/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/