Muthurajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14297 of 2015 MUTHURAJAN ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY, CRIME NO.591/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.THIRUMAL Advocate For Respondent : MRS.S.PRABHA, 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 the sole accused in Crime No.591 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 16.06.2015 for the alleged offences punishable under Section 174 Cr.P.C., altered into Sections 376 and 306 of I.P.C., and hence, seeks bail.

2.The case of the prosecution is that the accused by giving false promise had physical relationship with the daughter of the defacto complainant, but subsequently, failed to marry her, due to which the deceased committed suicide on 06.06.2015. 3.The learned counsel for the petitioner submitted that the case was registered based on the complaint given by the mother of the deceased, in which, she has categorically stated that the deceased was suffering from stomach pain and she was continuously taking treatment and on 05.06.2015 at night hours her daughter had stomach pain and also took medicine and when the de-facto complainant see her daughter, hanging on 06.06.2015 at 06.30 a.m. He further submitted that the petitioner is an innocent and he has been falsely implicated https://hcservices.ecourts.gov.in/hcservices/ in this case and he is in judicial custody for more than 50 days.

4.The learned Government Advocate (Crl.side) objected the bail petition stating that the deceased is 17 years old and she was on the family way, due to the rape committed by the accused by giving false promise.

5.Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail on condition that 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 Judicial Magistrate No.V, Madurai and on further condition that the petitioner shall report before the respondent police daily twice ie., at 09.00 a.m., and 07.00 p.m., until further orders.

sd/- 03/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

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

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

5 THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY.

+1. CC to M/S.V.THIRUMAL Advocate SR.No.43251 Akm/01.08.2015 /2p-7c/

ORDER

IN CRL OP(MD) No.14297 of 2015 Date :03/08/2015 https://hcservices.ecourts.gov.in/hcservices/