Madras High CourtCRL OP(MD)/3912/2017granted

Muthuraja, v. The Inspector Of Police,

2017-04-17Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.3912 of 2017 MUTHURAJA ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY, THE INSPECTOR OF POLICE, KUNDRAKUDI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.31 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.M.SANJAY 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/accused No.2, was arrested and remanded to judicial custody on 10.03.2017 for the offences punishable under Section Girl Missing @ 366(A), 417, 120(b) of I.P.C., and Section 5 (l) & 6 of POCSO Act, 2012 in Crime No.31 of 2017 on the file of the respondent police, seeks bail.

2. This petitioner was allegedly assisted the prime accused to abduct the minor girl. Hence, arrested and in jail since 10.03.2017. The statement of the victim girl indicates that she is 15 years old and she is in love with one Ajithkumar and she eloped with him.

3. The allegation against the Ajithkumar is that he kidnapped the minor girl and voluntarily had intercourse with the minor girl. For kidnapping her and to have a farce marriage, this petitioner has helped the prime accused Ajithkumar.

4. The learned Government Advocate (Crl.side) submitted that the medical report not received.

5. Considering the role played by this petitioner in the crime, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

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(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 Judicial Magistrate, Karaikudi;

(ii) the petitioner shall report before the respondent police daily at 10.00 a.m.until further orders; (iii) The petitioners shall not abscond either during investigation or trial;

(iv) on breach of any of the aforesaid conditions, the 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 petitioner released on bail by the Magistrate/Trial Court.

sd/- 17/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,KARAIKUDI, 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE INSPECTOR OF POLICE, KUNDRAKUDI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE OFFICER-IN-CHARGE, SUB JAIL, PUDUKOTTAI. +1. CC to M/S.S.M.SANJAY Advocate SR.No.20227 CSL/PM-PNBS/SAR-III/17.04.2017 : 2P/7C

ORDER

IN CRL OP(MD) No.3912 of 2017 Date :17/04/2017 https://hcservices.ecourts.gov.in/hcservices/