Dharsan v. The Inspector Of Police

CRL OP(MD). No.2749 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2749 of 2020 Dharsan ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, All Women Police Station, Thiruvadanai, Ramanathapuram District.

(Crime No.1 of 2020) ... Respondent/Complainant For Petitioner : M/s.M.Kannan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.1 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 21.01.2020 for the offences punishable under sections 494 of I.P.C., read with Section 9 and 10 of Child Marriage Act in Crime No. 1 of 2020 on the file of the respondent police. He seeks bail.

3. The petitioner denies having married the alleged victim namely Pavina. In any event, the said Pavina has attained majority. She has not given any complaint. The complaint appears to have come from a rival candidate.

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CRL OP(MD). No.2749 of 2020

4. Therefore, 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 learned Fast Track mahila Court, Ramanathapuram.

(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/- 17/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDGE, FAST TRACK MAHILA COURT, RAMANATHAPURAM.

2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

3. THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.KANNAN, Advocate ( SR-3252[I] dated 17/02/2020 )

ORDER

IN CRL OP(MD) No.2749 of 2020 Date :17/02/2020 MS/PN/SAR-3/17.02.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2