Asarudheen v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6845 of 2018 ASARUDHEEN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT CRIME NO. 41 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.R.ANBARASU 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 arrayed as Accused No.1. He was arrested and remanded to judicial custody on 25.02.2018 for the offences punishable under Section Girl Missing @ U/s.366 I.P.C and Section 11

(6) r/w 12 of POCSO Act, in Crime No.41 of 2018 on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) for the respondent police. 3.The victim girl has since been secured. It appears to be a case of elopement. Taking note of the facts and circumstances, 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 learned Mahalir Neethimandram, Thoothukudi.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation.

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(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/- 25/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, MAHALIR NEETHIMANDRAM, THOOTHUKUDI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

3 THE SUB INSPECTOR OF POLICE KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.S.R.ANBARASU Advocate SR.No.7188

ORDER

IN CRL OP(MD) No.6845 of 2018 Date :25/04/2018 MKV-CM-VR-ASVM/26.4.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/