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Madras High CourtCRL OP(MD)/903/2015allowed

Murugan v. The Inspector Of Police

2015-01-21Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.903 of 2015 MURUGAN ... PETITIONER/ SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE NALATTINPUDUR POLICE STATION, THOOTHUKUDI DT, CRIME NO.1/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : Mr.A.P.Balasurbramani 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 to judicial custody on 03.01.2015, for the offence punishable under Section 366[A] IPC in Crime No.1 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that this petitioner was in love with the victim girl, who is aged about 17 years. The victim girl is studying in a college, by name "K.R.College of Arts and Science", Kovilpatti and staying in College Hostel. It is seen that the victim girl and this petitioner had gone together out of the hostel on 31.12.2014. When her parents came to know that she is neither in the hostel nor at home, they lodged the present complaint. After some time, the girl went back to the hostel and this petitioner was arrested on 03.01.2015. The victim girl was interrogated and in her statement, she has stated that she had voluntarily gone with the petitioner.

3. Taking into consideration of the above, I am inclined to grant bail to this petitioner.

4. Accordingly, the petitioner is ordered to be released on bail 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 Judicial Magistrate, No.I, Kovilpatti, Tuticorin District and on further condition that:

[a] the petitioner shall stay at Tirunelveli and report before the Palayamkottai Police Station, Tirunelveli, twice a day daily at 10.30 a.m. And 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation.

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[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

sd/- 21/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.I, KOVILPATTI. 2 -Do- Through THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE NALATTINPUDUR POLICE STATION, THOOTHUKUDI DISTRICT. 5 THE OFFICER INCHARGE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI. 6 THE OFFICER INCHARGE, SUB JAIL, KOVILPATTI. +1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.2590. TS/22.01.2015/2P-8C

ORDER

IN CRL OP(MD) No.903 of 2015 Date :21/01/2015 https://hcservices.ecourts.gov.in/hcservices/