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Madras High CourtCRL OP(MD)/2492/2020granted

Gajendran v. The Inspector Of Police

2020-02-13Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2492 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2492 of 2020 Gajendran ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Karimedu Police Station, Madurai.

Crime No.17 of 2020 ... Respondent/Complainant For Petitioner : M/s.M.Shema Daniel, Advocate.

For Respondent : Mrs.M.Ananathadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.17 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 06.01.2020 for the offences under Sections 354(C) and 506(i) of I.P.C. and Section 66 (E) of Information Technology Act @ into Sections 384, 393, 354(C) and 506(i) of I.P.C. and Section 66(E) of Information Technology Act in Crime No.17 of 2020 on the file of the respondent police. Hence, he seeks bail.

3. The prosecution case is that the petitioner had threatened the defacto complainant that he will shame her by publishing the video in social media and also made her part with 48 sovereigns of gold.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2492 of 2020

4. The petitioner's counsel on instructions gives an undertaking that the petitioner will totally keep off from the defacto complainant and he will file an affidavit before the Court below in this regard after he comes out on bail. If this undertaking is breached, this Court will not hesitate to cancel the bail now granted.

5. Subject to this undertaking, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) the petitioner shall execute 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 Additional Mahila Court (Judicial Magistrate Level), Madurai.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 13/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL MAHILA JUDGE, (JUDICIAL MAGISTRATE LEVEL), MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL JAIL, MADURAI.

4. THE INSPECTOR OF POLICE, KARIMEDU POLICE STATION, MADURAI.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.SHEMA DENIEL, Advocate ( SR-3001[I] dated 13/02/2020) ORDER IN CRL OP(MD) No.2492 of 2020 Date :13/02/2020 MS/PN/SAR-3/13.02.2020/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2