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Madras High CourtCRL OP(MD)/12762/2015allowed

Ravichandran v. The Inspector Of Police

2015-07-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12762 of 2015 RAVICHANDRAN ..PETITIONER/SOLE ACCUSED Vs.

THE STATE REP.BY THE INSPECTOR OF POLICE S.S. COLONY POLICE STATION, MADURAI DISTRICT.

CRIME NO.438/2015 ..RESPONDENT /COMPLAINANT For Petitioner : M/S.K.J.ASSOCIATES 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/sole accused, who surrendered before the Judicial Magistrate on 17.06.2015 for the alleged offence under Sections 366 (A), 376 IPC and Section 3 of Protection of Children from Sexual Offences Act, 2012 in Crime No.438 of 2015 on the file of the respondent police, seeks bail.

2. According to the prosecution, the accused kidnapped the daughter of the defacto complainant and committed rape. 3.The learned counsel for the petitioner submitted that it is a case of love affair and the alleged victim is more than 17 years and on her own volition, she joined with the petitioner. The learned counsel further submitted that the mother of the defacto complainant is not agreeing for love marriage and therefore, a false complaint is given and as per the statement of the victim, there is absolutely no allegation of commission of rape.

4.The learned Government Advocate (Crl.side) submitted that it https://hcservices.ecourts.gov.in/hcservices/ is a case of love affair and as per the statement of the victim, the petitioner has not committed rape.

5. I have perused the statement of the victim.

6. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail on the following conditions. Accordingly, the petitioner is directed to be released on bail on 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 Additional District Judge/Mahila Court, Madurai, and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m until further orders.

sd/- 15/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE/MAHILA COURT, MADURAI.

2 THE PRINCIPAL DISTRICT JUDGE MADURAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

5 THE INSPECTOR OF POLICE S.S. COLONY POLICE STATION, MADURAI DISTRICT. +1. CC to M/S.K.J.ASSOCIATES Advocate SR.No.38741 akm/15.07.15 /2p-7c/ ORDER IN CRL OP(MD) No.12762 of 2015 Date :15/07/2015 https://hcservices.ecourts.gov.in/hcservices/