Sivabalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18296 of 2015 SIVABALAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR.(CR.NO.20/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.DEENADHAYALAN 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 petitioner, who is arrayed as the sole accused, in Crime No.20 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 13.08.2015, for the alleged offences punishable under Sections 417, 376 and 506(i) of I.P.C., and hence, seeks bail.

2.According to the de-facto complainant, her daughter suffered burn injuries below the hip and thereafter, she was mentally affected whileso, the accused by giving false promise had physical relationship with her and made her pregnant. 3.The learned counsel for the petitioner submitted that the petitioner has already married and he is having two children and the alleged victim is the close friend of the wife of the petitioner and the petitioner's children were studying 8th and 5th standard respectively. It is further submitted that the alleged victim is working in Sundaram Textiles at Karur and the complaint was given making false allegation against the petitioner. 4.The learned Government Advocate (Crl.side) submitted that the victim is 24 years old girl and now, she is on the family way, due to rape committed by the accused. It is an admitted fact that the daughter of the de-facto complainant is 24 years old and as per allegation, the petitioner was having physical relationship with her for passed six months.

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5.However, considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his 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.I, Karur and on further condition that the petitioner shall report before the respondent Police daily at 10.00 a.m., until further orders. sd/- 09/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I KARUR.

2 THE CHIEF JUDICIAL MAGISTRATE KARUR.

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

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR.

5 THE SUPERINTENDENT CENTRAL PRISON, TRICHY. +1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.59952

ORDER

IN CRL OP(MD) No.18296 of 2015 Date :09/10/2015 rg.09.10.2015/SK/SKN/SAR-II 2P/7C.

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