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Madras High CourtCRL OP(MD)/18785/2015allowed

Sekar@Sahul v. The Inspector Of Police

2015-10-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18785 of 2015 SEKAR @ SAHUL ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE SRIRANGAM ALL WOMEN POLICE STATION, TRICHY.

TRICHY DISTRICT.

CR.NO. 29 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S D.ANBARASU 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 arrayed as the sole accused in Crime No.29 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 11.09.2015 for the alleged offences punishable under Sections 376, 511 IPC and hence, seeks bail.

2.According to the defacto complainant, on 11.09.2015 the accused attempted to rape the defacto complainant. 3.The learned counsel for the petitioner submitted that both the accused and the defacto complainant are residing within the same compound and there is a dispute existing between them while taking water from the public tap. It is further submitted that even before this complaint, the matter was reported to the panchayatars and the same has not been settled and the petitioner has been falsely implicated in this case.

4. The learned Government Advocate submitted that there is a dispute between the petitioner and the defacto complainant over taking water from a tap and on 11.09.2015 the petitioner attempted to rape the defacto complainant who is aged about 22 years and deserted by her husband. It is further submitted that the petitioner is having a family consisting of wife and four children.

5.Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail on the following conditions. Accordingly, the petitioner is directed to be released on bail on executing a bond for a sum of Rs.10,000/-(Rupees ten thousand https://hcservices.ecourts.gov.in/hcservices/

only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No. IV, Trichy, and on further condition that the petitioner shall report before Fort Police Station, Trichy, daily at 10.00 a.m until further orders.

sd/- 12/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.IV, TRICHY 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE SUPERINTENDENT, CENTRAL PRISON,TRICHIRAPPALLI 4 THE INSPECTOR OF POLICE,SRIRANGAM ALL WOMEN POLICE STATION,TRICHY. TRICHY DISTRICT.

5 THE INSPECTOR OF POLICE,FORT POLICE STATION,TRICHY 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S D.ANBARASU Advocate SR.No.60348.

ORDER

IN CRL OP(MD) No.18785 of 2015 Date :12/10/2015 AM/12.10.2015/NGM.SS/SAR-I/2P/8C https://hcservices.ecourts.gov.in/hcservices/