N.Puvanesh Kanth v. The 2nd Class Executive

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19417 of 2015 N.PUVANESHKANTH ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE 2ND CLASS EXECUTIVE KADAYAM POLICE STATION, THIRUNELVELI DISTRICT, CR. NO.331 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SELVAKUMAR 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 the sole accused in Crime No.331 of 2015 on the file of the respondent police, was arrested on 25.09.2015 for the alleged offences punishable under Section 12 of Protection of Child from Sexual Offences Act and Section 506(ii) of I.P.C., and hence, seeks bail.

2. According to the de-facto complainant that on 25.09.2015, at 3.00 p.m., when his sister was returning home, the accused kidnapped her in a two wheeler bearing registration No.TN 72 AV 3137 for contracting marriage.

3. The learned counsel for the petitioner submitted that the petitioner and the de-facto complainant's sister have fallen in love with each other which was not liked by the de-facto complainant and therefore, a false complaint was given against him.

4. The learned Government Advocate (Crl.side) submitted that this is a case of love affair and the victim has been secured.

5. Considering the facts, 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, Ambasamuthiram and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. sd/- 26/10/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUTHIRAM.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE 2ND CLASS EXECUTIVE, KADAYAM POLICE STATION, THIRUNELVELI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. +1. CC to M/S.S.SELVAKUMAR Advocate SR.No. 62369. TS/26.10.2015/2P - 7C NGM-SS/SAR -I

ORDER

IN CRL OP(MD) No.19417 of 2015 Date :26/10/2015 https://hcservices.ecourts.gov.in/hcservices/