Mugesh v. The Insepctor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6051 of 2018 MUGESH ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSEPCTOR OF POLICE SIPCOT POLICE STATION, THOOTHUKUDI, (CRIME NO. 26 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.VENKATESH Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is shown as sole Accused. He was arrested and remanded to judicial custody on 20.02.2018 for the offences punishable under Section 363 of IPC., Section 5(1) and 6 of POCSO Act,2012., in Crime No.26 of 2018 on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that the daughter of the complainant and the petitioner were in love and eloped from the house. Hence, the complainant lodged a complaint against the petitioner herein.

3.Considering the facts and circumstances of the case, this Court is 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, Thoothukudi.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/

(iii)on breach of any of the aforesaid conditions, the 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 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].

sd/- 16/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, MAHILA COURT, THOOTHUKUDI.

2 THE OFFICER IN CHARGE, DISTRICT JAIL, PERURANI.

3 THE INSEPCTOR OF POLICE SIPCOT POLICE STATION, THOOTHUKUDI.

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

+1. CC to M/S.D.VENKATESH Advocate SR.No.6243

ORDER

IN CRL OP(MD) No.6051 of 2018 Date :16/04/2018 MKV-CM-VR-SAR 4/16.4.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/