Gobinath v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10814 of 2016 GOBHINATH ... PETITIONER/ACCUSED Vs THE INSPECTOR OF POLICE VANGAL POLICE STATION, KARUR. CR NO. 142 OF 2016.
... RESPONDENT/COMPLAINANT For Petitioner : M/S A.ARUL JENNIFER Advocate For Respondent : P.KANNITHEVAN,M.B.A.,B.L., Government Advocate (Crl.side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner who is arrayed as accused was arrested and remanded to judicial custody on 23.05.2016 for the alleged offences punishable under Section 366(A) of IPC and 5(i) of the Protection of Children from Sexual Offences Act in Crime No.142 of 2016, on the file of the respondent police and hence, seeks bail.
2. The case of the prosecution is that the petitioner kidnapped the daughter of the de facto complainant, on giving false promise to marry her. On complaint, a case has been registered for the above said offences.
3. The case of the petitioner is that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 23.05.2016 and prays for enlarging the petitioner on bail. 4.The learned Government Advocate(Crl.side) submitted that the victim girl is secured and now, she is with her parents and the investigation of the case is pending.
5.Considering the facts and circumstances of the case and also considering the fact that the victim girl is secured and that the petitioner is in judicial custody from 23.05.2016, this Court is https://hcservices.ecourts.gov.in/hcservices/
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 Mahila Court, Karur.
(ii)the petitioner shall report before the respondent Police daily at 10.00 am and 5.30 pm until further orders.
(iii)the petitioner shall not tamper with evidence or witness either during investigation or trial. (iv)the petitioner shall not abscond either during investigation or trial.
(v) 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].
6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. sd/- 01/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDGE, THE MAHILA COURT,KARUR 2 THE OFFICER-IN-CHARGE, SUB JAIL, KARUR.
3 THE INSPECTOR OF POLICE, VANGAL POLICE STATION, KARUR 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S A.ARUL JENNIFER Advocate SR.No.34549
ORDER
IN CRL OP(MD) No.10814 of 2016 Date :01/07/2016 trp SH/SK-SKN/SAR-II:01.07.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/