Abisheik v. The Inspector Of Police

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.19372 of 2015 ABISHEIK ... PETITIONER/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.

(IN CRIME NO. 13 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.UDHAYAKUMAR 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.13 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 14.08.2015 for the alleged offences punishable under Sections 366(A) and 376 IPC and Sections 5 and 6 of POCSO Act, 2012 and hence, seeks bail. 2.According to the defacto complainant namely Muniyammal, on 08.08.2015 the accused kidnapped her daughter and misbehaved with her.

3.The learned counsel for the petitioner submitted that the petitioner and the daughter of the defacto complainant namely Jothilakshmi had love affair and on 8.8.2015 she on her own volition have joined with the petitioner which was not accepted by the defacto complainant and therefore a false case has been foisted against the petitioner. It is further submitted that the victim girl is secured and she is with her parents.

4. The learned Government Advocate submitted that it is a case of love affair and the victim girl who is aged about 17 years https://hcservices.ecourts.gov.in/hcservices/ has been secured by the respondent police and the victim girl is with the defacto complainant.

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 only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Sivakaasi, Virudhunagar District and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required.

sd/- 12/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, SIVAKAASI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.

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

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.

5 THE OFFICER-IN-CHARGE, JUVENILE JUSTICE BOARD OF OBSERVATION HOME, NANGUNERI, TIRUNELVELI DISTRICT.

+1. CC to M/S.R.UDHAYAKUMAR Advocate SR.No.60105 Akm/12.10.2015 /2p-7c/ ORDER IN CRL OP(MD) No.19372 of 2015 Date :12/10/2015 https://hcservices.ecourts.gov.in/hcservices/