Madras High CourtCRL OP(MD)/19084/2015closed

V. Sudharkar v. The Inspector Of Police

2015-10-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19084 of 2015 V.SUDHAKAR ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE UPPILLIAPURAM POLICE STATION, TIRUCHIRAPALLI DISTRICT.

(CRIME NO. 254/2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S M.PALANIRAJA Advocate For Respondent : M/s.S.PRABHA, Government 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.254 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 08.09.2015, for the alleged offences punishable under Sections 346, 366(A) and 506(i) of I.P.C., r/w 5.1 and 6 of Protection of Children from Sexual Offences Act, 2012, and hence, seeks bail.

2.According to the de-facto complainant, on 14.07.2015, her daughter, who is aged about 12 years old, kidnapped by the accused for the purpose of marriage.

3.The learned counsel for the petitioner submitted that the petitioner and the daughter of the de-facto complainant have fallen in love with each other and on her own volition, she eloped with the petitioner on 14.07.2015 and at the intervention of the well wishers, she is now joined with her parents. It is further contended that the love affair of the petitioner was not liked by the de-facto complainant and therefore, a false complaint has been given against the petitioner. 4.The learned Government Advocate (Crl.side) submitted that it is the case of love affair and the victim has been secured and now, she is in the custody of her parents.

5.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, Thuraiyur and on further condition that the petitioner shall report before the respondent Police daily at 10.00 a.m., until further orders.

sd/- 05/10/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,TRICHY. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, UPPILLIAPURAM POLICE STATION, TIRUCHIRAPALLI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. +1. CC to M/S M.PALANIRAJA Advocate SR.No.58333 ORDER IN CRL OP(MD) No.19084 of 2015 Date :05/10/2015 PBK/SK/SAR-II 05/10/2015 ::2P-7C::

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