Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/03/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN MUTHUKUMAR ... PETITIONER/ACCUSED VS STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT, (CRIME NO. 2/ 2020).

... RESPONDENT/COMPLAINANT For Petitioner : M/s. Raja.Karthikeyan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 2 of 2019 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 apprehending arrest at the hands of the respondent police for the offences punishable under sections 376, 417 and 506(ii) of I.P.C., in Crime No.2 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner and the victim appear to had some kind of relationship earlier. The victim subsequently got married. Now she is eight months pregnant. She has given a case of rape against the petitioner.

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4.The petitioner without prejudice to his defence, is willing to pay a sum of Rs.4,000/- (Rupees Four Thousand only) as monthly maintenance to the victim. The petitioner will file an affidavit to that effect before the learned jurisdictional Magistrate. This liability of the petitioner will commence from next month onwards. The liability will continue till the case gets over. 5.I reiterate that it will be without prejudice to the petitioner's defence. This will be a non refundable payment. The petitioner will collect the account details of the victim and keep the remitting, every month.

6.Recording the petitioner's undertaking, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Melur, and 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 17/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.RAJA.KARTHIKEYAN, Advocate ( SR-5376[I] dated 17/03/2020 )

ORDER

IN CRL OP(MD) No.4655 of 2020 Date :17/03/2020 PNN JM/PN/SAR 3/29.05.2020/3P/6C 3/3