Madras High CourtCRL OP(MD)/4228/2017granted

Perumal 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.4228 of 2017 PERUMAL ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT CRIME NO. 87 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUTHUKUMAR 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/sole accused, was arrested and remanded to judicial custody on 05.02.2017 for the offences punishable under Sections 366(A) and Section 5(1) and 6 of Protection of Child from Sexual Offences Act, 2012 in Crime No.87 of 2017 seeks bail.

2. The case of the prosecution is that the forcible abduction of a minor girl, 17 years old. As per the respondent police, this petitioner forcibly abducted the 17 years old girl from her house on 03.02.2017 at about 9.00 p.m, after attacking her parents. The girl was taken to the petitioner's sister's house and stayed there and had sexual intercourse with the girl and thereafter returned back to Sivagangai.

3. The learned counsel for the petitioner submitted that the girl voluntarily went with the boy and no history of sexual intercourse.

4. Considering the above facts and circumstances of the case, this court is inclined to grant bail to the petitioner on condition that the petitioner shall stay at Trichy and appear before the Contonment police daily.

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5. Considering the facts and circumstances of the case, 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 Judicial Magistrate No.II, Sivagangai.

(ii) the petitioner shall stay at Trichy and report before the Contonment Police Station daily at 10.30 a.m. until further orders;

(iii) The petitioner 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 petitioner 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 NO.II,SIVAGANGAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT 4 THE INSPECTOR OF POLICE, CONTONMENT POLICE STATION, TRICHY. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

6 THE OFFICER-IN-CHARGE, SUB-JAIL, SIVAGANGAI. +1. CC to M/S.S.MUTHUKUMAR Advocate SR.No.20188 SM/MR CSL/PM-PN/SAR-IV/17.04.2017 : 2P/8C

ORDER

IN CRL OP(MD) No.4228 of 2017 Date :17/04/2017 https://hcservices.ecourts.gov.in/hcservices/