Sappanimuthu v. The Inspector Of Police

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.20394 of 2015 SAPPANIMUTHU ... PETITIONER / ACCUSED No.2 Vs State Rep.by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVAIKUNDAM , TUTICORIN DISTRICT.

CR. NO. 17 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S. R.DURAIRAJ 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 accused No.2 in Crime No.17 of 2015 on the file of the respondent police, was arrested on 07.10.2015 for the alleged offences punishable under Sections 450, 417, 376, 294(b), 323, 506(ii) of I.P.C., and Section 4 of TNPWH Act and hence, seeks bail.

2. According to the de-facto complainant, the first accused, by giving promise to marry her, had sexual relationship, but subsequently refused to marry her.

3. The learned counsel for the petitioner submitted that the petitioner is the father of the first accused and the only allegation against the petitioner is that when the act of the first accused was questioned, he threatened the de-facto complainant with dire consequences. It is further submitted that the petitioner is no way responsible for the act committed by the first accused.

4. The learned Government Advocate (Crl.side) submitted that the defacto complainant was given false promise by the first accused while committing the rape and thereafter, the first accused refused to marry her.

5. Considering the overt act attributed against this petitioner, 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, Srivaigundam 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, SRIVAIGUNDAM 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE OFFICERS INCHARGES, SUB JAIL, SRIVAIGUNDAM 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVAIKUNDAM , TUTICORIN DISTRICT.

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

+1. CC to M/S M.S.Jeyakarthik, Advocate SR.No.62463 Sm:AAL-MPA:SAR I:27.10.2015:2P/7C

ORDER

IN CRL OP(MD) No.20394 of 2015 Date :26/10/2015 https://hcservices.ecourts.gov.in/hcservices/