Madras High CourtCRL OP(MD)/10062/2017withdrawn dismissed

Suresh Kumar v. The Inspector Of Police

2017-10-13Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.10062 of 2017 SURESH KUMAR ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY ITS THE INSPECTOR OF POLICE KURUMBUR POLICE STATION, TUTICORIN DISTRICT, CR NO. 19/2017. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : Mr.K.Anbarasan, Govt. 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 on judicial custody on 04.06.2017 for the offences punishable under Section Girl Missing @ Section 5(1) read with 6 of POSCO Act, 2012 in Crime No.19 of 2017, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant, namely, Gomathi Ammal is the grandmother of the victim girl, aged about 17 years. The victim girl fall in love with co-accused and left the home. Thereby, the defacto complainant lodged a complaint before the respondent police.

3.The learned counsel appearing for the petitioner would submit that the defacto complainant's granddaughter fall in love with other co-accused and decided to marry him. Though she is minor at the time of complaint, after 02.09.2017, she become major. Thereafter, they decided to marry to each other. The petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Moreover, there is no specific allegation against the petitioner. 4.The learned Government Advocate (Criminal side) appearing for the State submitted that he did not abrupt the victim girl as alleged by the defacto complainant.

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5.Considering the facts and circumstances of the case, I am inclined to grant bail to the petitioner. The petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Sessions Judge, Mahila Court, Tuticorin on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like-sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall report before the investigation officer, as and when required for interrogation;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not commit any offence while on bail;

(vi) 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 and the bail granted stands cancelled automatically.

sd/- 13/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, MAHILA COURT, TUTICORIN.

2 THE OFFICER IN CHARGE , DISTRICT JAIL, SRIVAIKUNDAM.

3 THE INSPECTOR OF POLICE KURUMBUR POLICE STATION, TUTICORIN DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.32871

ORDER

IN CRL OP(MD) No.10062 of 2017 Date :13/10/2017 SM:RR-BS:SAR I:20.10.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/