Rajeshkumar, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.950 of 2018 RAJESHKUMAR ... PETITIONER / ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, MALLANKINARU POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CRIME NO.240 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner :M/S.S.MAYAPERUMAL 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/Accused, who was arrested and remanded to judicial custody on 29.10.2017 for the offence punishable under Sections 366(A) and Sections 4 & 6 of POCSO Act, in Crime No.240 of 2017, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the defacto complainant's daughter were loved with each other. On 02.11.2017, the defacto complainant's daughter went to college, at that time, the petitioner compelled her and taken to her to perform marriage in Pillaiyar Kovil, Kannampalayam at Coimbatore. Therefore, based on the complaint given by the defacto complainant, case has been registered against the petitioner, he was arrested and remanded to judicial custody on 29.10.2017. 3.
The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person. Due to the previous enmity between the petitioner and the defacto complainant, the petitioner has been falsely implicated in this case. He further submitted that there is no specific overtact against this petitioner and he is in judicial custody from 29.10.2017 onwards. Hence, he prays for bail.
4.The learned Government Advocate (Criminal side) submitted that investigation is not completed in this case. Hence, he vehemently opposed to grant bail to the accused. https://hcservices.ecourts.gov.in/hcservices/
5. The submissions made by the learned counsel on either side are considered. According to prosecution, the petitioner is in judicial custody from 12.10.2017 onwards and on verification of C.D files, particularly on go through the statement given by the victim girl, she has not stated any specific allegation against the petitioner. Hence, considering the period of incarceration of the petitioner, further custodial interrogation of the petitioner is not necessary for completing the investigation. Therefore, this Court is inclined to grant bail to the petitioner. 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 No.I, Virudhunagar District; (ii) the petitioner is directed to appear before the respondent police daily at 10.00 a.m. 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/- 22/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE OFFICER IN CHARGE, DISTRICT PRISON, VIRUDHUNAGAR DISTRICT.
4 THE INSPECTOR OF POLICE, MALLANKINARU POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.MAYAPERUMAL Advocate SR.No.1089 ORDER IN CRL OP(MD) No.950 of 2018 Date :22/01/2018 MKV-PM-PN-SAR 4/22.1.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/