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Madras High CourtCRL OP(MD)/5571/2017granted

Soundaapandian, v. The Inspector Of Police,

2017-06-01Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of June Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.5571 of 2017 SOUNDAAPANDIAN ... PETITIONER/ ACCUSED (SINGLE) Vs STATE REP.BY THE INSPECTOR OF POLICE, SHOLAVANDAN POLICE STATION, MADURAI DISTRICT.

(CRIME NO.133 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.PITCHAI MUTHU Advocate For Respondent : M/S.C.RAMACHANDRAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/accused, was arrested and remanded to judicial custody on 03.04.2017 for the offences punishable under Sections 7 and 8 of Protection of Children from Sexual Offences Act, 2012 in Crime No.133 of 2017 on the file of the respondent police, seeks bail.

2. This is a case of elopement by the minor girl along with her lover / the petitioner herein. Immediately after her elopement, on 02.04.2017, the father of the minor girl has lodged a complaint to the police.

3. According to the learned counsel for the petitioner, knowing about the police complaint, the petitioner and the minor girl came back to their respective house and report to the police.

4. According to the prosecution, the age of the girl is 17 years and she has voluntarily gone along with the petitioner.

5. Considering the facts and circumstances of the case, 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:

(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, Vadipatti, Madurai District; https://hcservices.ecourts.gov.in/hcservices/

(ii) the petitioner shall report before the respondent police daily at 10.00 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 petitioners in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court.

sd/- 01/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, VADIPATTI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE SUPERINDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, SHOLAVANDAN POLICE STATION, MADURAI DISTRICT.

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

+2. CC to M/S.M.PITCHAI MUTHU Advocate SR.No.22078,22992

ORDER

IN CRL OP(MD) No.5571 of 2017 Date :01/06/2017 MS/CM.MSA/SAR.4/01.06.2017/2P.8C https://hcservices.ecourts.gov.in/hcservices/