Grishkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14355 of 2015 GRISHKUMAR ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.111/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.R.SREENIVASAN 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 A1 in Crime No.111 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 13.04.2015 for the alleged offences punishable under Sections 366(A) and 506(ii) of I.P.C and Section 4 of Protection of Children from Sexual Offences Act and hence, seeks bail.

2.On the basis of the complaint of one Palani Nadar, the respondent registered a case in Crime No.111 of 2015 for girl missing and after lapse of five days, the case was altered into for the offence of kidnapping. The case of the prosecution is that on 01.04.2015, the first accused entered into the house of the de-facto complainant and at the knife point, he kidnapped the victim girl to the house of his elder sister Mini, where A1 committed rape. 3.The learned counsel for the petitioner submitted that the petitioner/A1 and the daughter of the de-facto complainant fell in love with each other and on 01.04.2015 on her own volition, she joined with the petitioner and later a false complaint was given https://hcservices.ecourts.gov.in/hcservices/ against him. He further submitted that the sisters of the petitioner have been added as A2 and A3.

4.The learned Government Advocate (Crl.side)would submit that A2 was arrested and remanded to judicial custody and the major part of the investigation is over.

5.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 No.II, Kuzhithurai and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders. sd/- 28/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II KUZHITHURAI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL.

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

4 THE OFFICER-IN-CHARGE, DISTRICT JAIL, NAGERCOIL, KANYAKUMARI DISTRICT.

5 THE INSPECTOR OF POLICE NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT. +1. CC to M/S.M.R.SREENIVASAN Advocate SR.No.42071 Akm/28.07.15 /2p-7c/

ORDER

IN CRL OP(MD) No.14355 of 2015 Date :28/07/2015 https://hcservices.ecourts.gov.in/hcservices/