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Madras High CourtCRL OP(MD)/7519/2015ordered

P. Muthumanickam v. The Inspector Of Police

2015-04-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7519 of 2015 P. MUTHUMANICKAM ... PETITIONER/ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO.100/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.DILIP KUMAR Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the sole accused in Crime No.100 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 17.03.2015 for the alleged offences punishable under Sections 363, 376 of IPC and Sections 3 and 4 of Protection of Children from Sexual Offences Act, 2012, seeks bail. 2.The case of the prosecution is that the accused had kidnapped the daughter of de facto complainant and committed rape. 3.The learned counsel for the petitioner submitted that the petitioner and the daughter of de facto complainant had fallen in love with each other and she on her own volition joined with the petitioner on 26.03.2015 and in the HCP.No.323 of 2015 filed by the de facto complainant the alleged victim was produced before this Court and she was sent to her father on 31.03.2015. The learned counsel further submitted that the petitioner is an innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) would submit that the petitioner promising to marry the de facto complainant, committed rape on her. It is further submitted that the daughter of the de facto complainant was produced before this Court in HCP.No.323 of 2015 and she joined with her father. 5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain condition. Accordingly, the petitioner is ordered to be released on https://hcservices.ecourts.gov.in/hcservices/

bail on 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 Judicial Magistrate, Sivakasi and on further condition that the petitioner shall appear before the respondent Police daily at 10.00 a.m., until further orders. sd/- 27/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAKASI 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTTUR 3 THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE OFFICER-IN-CHARGE DISTRICT JAIL, VIRUDHUNAGAR 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.N.DILIP KUMAR Advocate SR.No.23119

ORDER

IN CRL OP(MD) No.7519 of 2015 Date :27/04/2015 NA/28/04/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/