Madras High CourtCRL OP(MD)/2152/2015ordered

Selvakumar v. The Inspector Of Police

2015-02-11Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2152 of 2015 SELVAKUMAR ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE SUCHEENDRAM POLICE STATION, KANYAKUMARI DIST.

CRIME NO.22/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.V. RAGHAVACHERI Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 16.01.2015 for the offences punishable under Sections 417, 376 and 506(i) of Indian Penal Code in Crime No.22 of 2015 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that this petitioner and the defacto complainant are singers and they belong to a music party. It is alleged by the defacto complainant that the petitioner assured that he will marry her and had physical relationship with her. She has alleged that she conceived once and underwent abortion. This petitioner was arrested on 16.01.2015. Preliminary investigation conducted by the police does not show that the defacto complainant had undergone any abortion. The defacto complainant is aged about 28 years and she is not a minor girl. It is represented that the victim and the petitioner have also been subjected to medical examination.

3. Under such circumstances, it is a fit case to grant bail to this petitioner. 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 No.III, Nagercoil, Kanyakumari District and on further condition that:

[a] the petitioner shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30 p.m. for a period of two weeks and thereafter, as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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].

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[e] The Inspector of Police concerned is directed to send a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioner is complying with the order or not.

sd/- 11/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL, KANYAKUMARI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, SUCHEENDRAM POLICE STATION, KANYAKUMARI DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, NAGERCOIL. +1. CC to M/S.V. RAGHAVACHERI Advocate SR.No.6341 ORDER IN CRL OP(MD) No.2152 of 2015 Date :11/02/2015 PBK 12/02/2015 ::2P-7C:

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