Ashok @ Appadurai, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of March Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3952 of 2018 ASHOK @ APPADURAI ... PETITIONER / SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLIE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT.
CRIME NO.4 OF 2018.
... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.R.A.RAMACHANDRAN Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, 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 sole accused, was arrested and remanded to judicial custody on 24.02.2018 for the offences punishable under Sections 417, 376 and 506(ii) IPC, in Crime No.4 of 2018, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner on giving a false promise had sexual intercourse with the defacto complainant and subsequently, refused to marry her. Hence, on complaint, a case has been registered against the petitioner.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 24.02.2018.
4.The learned Government Advocate (Criminal Side) appearing for the State submitted that investigation of the case is under progress.
5.The submissions made by the learned counsel appearing on either side are considered.
6. It is alleged, during the time of occurrence, the petitioner herein had sexual intercourse with the victim girl, who is aged about 28 years, after getting consent from her. This case has been registered against the petitioner only for the reason that he has refused to marry her. According to the prosecution, the chemical examination is completed. The petitioner is in judicial custody from 24.02.2018. Considering the facts and circumstances of the case and also considering the period of incarceration, this Court came to the conclusion that further detention is not necessary for completing the investigation. Hence, this Court inclined to enlarge the petitioner on bail subject to some stringent conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:
(i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambasamudram, Thirunelveli District.
(ii)the petitioner shall appear before the respondent Police daily at 10.00 am until further orders. (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv)the petitioner shall not abscond either during investigation or trial;
(v)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].
sd/- 19/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE SUPERINDENT, CENTRAL PRISON, PALAYAMKOTAI.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLIE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.R.A.RAMACHANDRAN Advocate SR.No.4332.
ORDER
IN CRL OP(MD) No.3952 of 2018 Date :19/03/2018 SDS/PN/SAR.1/19.03.2018/3P/7C