Krishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16656 of 2015 1 KRISHNAN 2 JEGANADHAN ... PETITIONERS / ACCUSED NO.2 & 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI.

CRIME NO. 23/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.C.HEROLD SINGH Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A2 and A3 in Crime No.23 of 2015 on the file of the respondent police, were arrested and remanded to judicial custody on 28.07.2015, for the alleged offences punishable under Sections 376(d) altered to 376(D) and 120(b) of IPC and hence, seek bail.

2. According to the de facto complainant that on 26.07.2015 at 11.15 hours, the accused have committed rape on her.

3. The learned counsel for the petitioners submitted that the petitioners are Manager and Room Boy in a Lodge at Palani and the at the request of the first accused, they have allotted one room and thereafter, the first accused and the de facto complainant had quarreled with each other. Therefore, the petitioners intervened and asked them to vacate the room. He has further contended that the next day, she lodged a false complaint against the petitioners.

4. The learned counsel for the petitioners further submitted that the petitioners are an innocent and they have been falsely implicated in this case and the prime accused was secured and he is in custody.

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5. The learned Government Advocate (Crl.side) would submit that the the de facto complainant is 24 year old lady and she was asked

to come to Palani on 26.08.2015, by the first accused and she was asked to stay in a room and thereafter all the accused have committed rape. It is further submitted that major part of the investigation is over.

6. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on each of them 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 petitioners shall report before the respondent Police daily at 10.00 a.m until further orders. sd/- 31/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,PALANI.

2.THE CHIEF JUDICIAL MAGISTRATE DINDIGUL 3.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE SUPERINTENDENT CETRAL JAIL, MADURAI.

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

+1. CC to M/S S.C.HEROLD SINGH Advocate SR.No.50015

ORDER

IN CRL OP(MD) No.16656 of 2015 Date :31/08/2015 RG.31.08.2015 2P.7C.

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