Madras High CourtCRL OP(MD)/3654/2015ordered

Pandithurai v. The Inspector Of Police

2015-03-02Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3654 of 2015 PANDITHURAI ... PETITIONER / ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE MAYANUR POLICE STATION, KARUR DT, CRIME NO. 13/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.GOKULRAJ Advocate For Respondent : M/S.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/accused, who was arrested on 22.01.2015 for the offence punishable under Section 366(A) IPC r/w Sections 5 and 6 of Protection of Children Act in Crime No.13 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was in love with one Suganthi, who is aged 17 1/2 years and had eloped with her. Based on the complaint given by the father of the said Suganthi the respondent police has registered the present case.

3. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.side) appearing for the State. 4.The learned Government Advocate(Crl. Side) would submit that victim girl has been secured and handed over to her parents.

5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on condition 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 Judicial Magistrate No.II, Kulithalai, and on further condition that: [a] the petitioner shall report before the respondent police daily at 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.

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[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]. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate (Crl.side) as to whether the petitioners are complying with the order or not.

sd/- 02/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, KULITHALAI. 2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE MAYANUR POLICE STATION, KARUR DISTRICT 5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. +1. CC to M/S.S.GOKULRAJ Advocate SR.No.9801. TS/02.03.2015/2P-7C

ORDER

IN CRL OP(MD) No.3654 of 2015 Date :02/03/2015 https://hcservices.ecourts.gov.in/hcservices/