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Madras High CourtCRL OP(MD)/13778/2015allowed

A.Jeganathan v. The Inspector Of Police

2015-07-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13778 of 2015 A.JEGANATHAN ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI, DINDIGUL DIST.

(CRIME NO. 15 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR 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 the sole accused in Crime No.15 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 31.05.2015 for the alleged commission of offence under Section 366-A of I.P.C and hence seeks bail.

2. The case of the prosecution is that the accused, who was already married and having two children, had kidnapped the daughter of the defacto complainant, who is aged 17 years on 28.05.2015.

3. The learned counsel for the petitioner submitted that the accused and the defacto complainant are close relatives and the daughter of the defacto complainant used to come to the house of the petitioner to play with his children and the same was misunderstood by the defacto complainant.

4. It is further contended by the learned counsel for the petitioner that the occurrence had taken place on 28.05.2015, but the complaint was lodged on 31.05.2015 without proper explanation and the victim girl is secured on the same day.

5.The learned Government Advocate(Crl. Side) submitted that the accused, who was already married and having two children, developed love affair with the daughter of the defacto complainant and eloped with her on 28.05.2015 and the victim girl is secured. https://hcservices.ecourts.gov.in/hcservices/

6. Considering the facts and circumstances of the case, this Court is 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 Judicial Magistrate, Palani and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m until further orders. sd/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PALANI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE DINDIGUL.

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

4 THE OFFICER-IN-CHARGE, SUB-JAIL, PALANI.

5 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI, DINDIGUL DISTRICT.

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No.40302 akm/22.07.15 /2p-7c/

ORDER

IN CRL OP(MD) No.13778 of 2015 Date :22/07/2015 https://hcservices.ecourts.gov.in/hcservices/