Sikkanthar v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13718 of 2015 SIKKANTHAR ... PETITIONER/SOLE ACCUSED Vs STATE REP BY:: THE SUB-INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NILAKOTTAI, DINDIGUL DISTRICT, IN CRIME NO. 10 OF 2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as the sole accused in Crime No.10 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 21.05.2015 for the alleged offences punishable under Sections 451, 376 and 506(ii) of I.P.C., and hence, seeks bail.

2.According to the de-facto complainant, on 21.05.2015 at 10.00 p.m., when the de-facto complainant was alone in her house, the accused trespassed into the house by force had physical relationship with her.

3.The learned counsel for the petitioner submitted that the de-facto complainant is a land lady aged about 60 years and the petitioner is a tenant aged about 30 years due to money dispute, he has been falsely implicated in this case. The learned counsel further submitted that though the occurrence has been taken place at 10.00 p.m., on 20.05.2015, she chose to give this complaint only on 21.05.2015 at 12.00 p.m., and the delay was not explained by the de-facto complainant.

4.The learned Government Advocate (Crl.side) would submit that in the medical report, the de-facto complainant has no https://hcservices.ecourts.gov.in/hcservices/

external injury and the accused by threatening her had committed rape.

5.However, considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail on the following conditions.

6.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 Judicial Magistrate, Nilakottai and on further condition that the petitioner shall report before the respondent police daily twice ie., at 10.00 a.m., and 05.00 p.m., until further orders.

sd/- 21/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NILAKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE DINDIGUL 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB-INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NILAKOTTAI, DINDIGUL DISTRICT

1. CC to M/S.S.MUNIYANDI Advocate SR.No.39689 DM 21 7 15 - 2p 6c

ORDER

IN CRL OP(MD) No.13718 of 2015 Date :21/07/2015 https://hcservices.ecourts.gov.in/hcservices/