N.Narayanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.16232 of 2016 N.NARAYANAN ... PETITIONER / ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPATHUR,SIVAGANGAI DISTRICT.

(CR. NO.07/2016) ... RESPONDENT /COMPLAINANT For Petitioner : M/S. T. LAJAPATHI ROY Advocate For Respondent : Mr.P.Kannithevan,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, who was arrested and remanded to judicial custody on 02.08.2016 for the alleged offences punishable under Sections 11(1) and 12 of Protection of Children of Sexual Offences Act, 2012, in Crime No.07 of 2016, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the wife of the petitioner and the defacto complainant are working in a same School. The petitioner is doing money lending business. The defacto complainant was constructing a house. There was a delay in getting loan and therefore, she approached the petitioner for loan. The petitioner informed her that he will give loan only by pledging jewels. The defacto complainant did not have any jewels. Therefore, that proposal was dropped. After one year, the petitioner contacted her over phone and talked in indecent manner and informed her to send her daughter. Again on 24.07.2016, he contacted over phone and at that time, one of the daughter of the defacto complainant took phone and the petitioner spoke to her indecently. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The defacto complainant approached the petitioner for loan and he refused to give loan. On 24.07.2016, the daughter

of the defacto complainant contacted him over phone and requested him for loan and informed that they will repay the same. Believing the same, the petitioner went to the house of the defacto complainant, where the defacto complainant, her husband and daughter detained him and demanded a sum of Rs.15 lakhs from the petitioner and subsequently, he escaped and he gave a complaint on 01.08.2016. The petitioner is in judicial custody from 02.08.2016. 4.The learned Government Advocate (Crl. side) submitted that investigation is pending.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 02.08.2016, 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 Sessions Judge, Fast Track Mahila Court, Sivagangai.

(ii) the petitioner shall report before the respondent police daily at 10.00 a.m., 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/- 31/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras HighCourt, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE FAST TRACK MAHILA COURT, SIVAGANGAI 2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPATHUR, SIVAGANGAI DISTRICT.

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

+1. CC to M/S. T. LAJAPATHI ROY Advocate SR.No.48565 JAM/CK/31.08.16/ 3p-6c

ORDER

IN CRL OP(MD) No.16232 of 2016 Date :31/08/2016