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Madras High CourtCRL OP(MD)/15517/2015allowed

K. Sundaramoorthy v. The Inspector Of Police

2015-08-11Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15517 of 2015 K. SUNDARAMOORTHY ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI,DINDIGUL DISTRICT.

[CRIME NO. 14/2015] ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.PALANIVELAYUTHAM Advocate For Respondent : M/S.S.Prabha Government 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 sole accused in Crime No.14 of 2015 on the file of the respondent police, was arrested on 25.05.2015 for the alleged offences under Sections 417, 376(1) and 506(i) IPC and hence seeks bail.

2. According to the defacto complainant, the accused, by giving false promise of getting marriage, had physical relationship with her and subsequently, refused to marry her.

3.The learned counsel for the petitioner submitted that the defacto complainant is 23 years old girl and due to ulterior motive, a false complaint has been given against the petitioner. It is further submitted that the petitioner has been incarceration for more than 60 days and the entire investigation is over.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that by giving false promise, the accused had raped the defacto complainant and subsequently, threatened her with dire consequences.

5. However, considering the stage of investigation and the period of incarceration, 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 Judicial Magistrate, Palani, Dindigul District, and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m until further orders. sd/- 11/08/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

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

5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S S.PALANIVELAYUTHAM Advocate SR.No.45435. TS/11.08.2015/2P - 7C AMF/SAR -I

ORDER

IN CRL OP(MD) No.15517 of 2015 Date :11/08/2015 https://hcservices.ecourts.gov.in/hcservices/