Periyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18592 of 2015 PERIYASAMY ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE OOMATCHIKULAM POLICE STATION, MADURAI DISTRICT.

CRIME NO. 389 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.KANNAN Advocate For Respondent : MRS.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 the sole accused in Crime No.389 of 2015 for the offences punishable under Sections 417, 420, 494, 495, 366 and 376(i) IPC on the file of the respondent Police, was arrested and remanded to judicial custody on 22.07.2015. He seeks bail. 2.The case of the prosecution is that the petitioner / accused by giving false promise of marrying the de facto complainant, has raped her. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Even the averments of complaint are taken as it is, it will not satisfy the ingredients for the offences. 4.The learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) submitted that the de facto complainant is aged about 25 years.

5.The learned Government Advocate (Crl.side) appearing for the respondent submitted that the major part of the investigation is over. 6.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent. 7.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 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 Mahila Court, Madurai and on further condition that the petitioner shall appear before the Kodaikanal Town Police Station, https://hcservices.ecourts.gov.in/hcservices/

Kodaikanal daily at 6.00 p.m., until further orders. sd/- 29/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAHILA COURT MADURAI 2 THE SUPERINTENDENT CENTRAL PRISON MADURAI 3 THE INSPECTOR OF POLICE OOMATCHIKULAM POLICE STATION, MADURAI DISTRICT.

4 THE INSPECTOR OF POLICE KODAIKANAL TOWN POLICE STATION KODAIKANAL.

5 THE ADDITIONAL PUBLICPROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S M.KANNAN Advocate SR.No.57024.

ORDER

IN CRL OP(MD) No.18592 of 2015 Date :29/09/2015 AM/29.09.2015/GSV.PM/SAR-I/2P/7C https://hcservices.ecourts.gov.in/hcservices/