Praveen v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Praveen ... Petitioner/sole accused
Versus
The Inspector of Police, All Women Police Station, Alangudi, Pudukkottai District.
(in Crime No.46 of 2024)
...Respondent/ Complainant
For Petitioner :
Mr.N.A.Palaniyandi, Advocate.
For Respondent :
Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.46 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.46 of 2024 for the offence under Section 363 IPC and Sections 5(l) 5(n) r/w. 6(1) of POCSO Amendment Act 2019, and remanded him into judicial custody on 24.02.2024. Therefore, the petitioner has filed this petition seeking bail. 1/4
2. The case of the prosecution is that the petitioner has kidnapped the victim girl, who is aged about 17 1⁄2 years.
3. The learned counsel for the petitioner submits that the age of the victim girl is more than 18 years, however, by projecting that the victim is aged about 17 1⁄2 years, the respondent Police has foisted this case against the petitioner. He further submits that the victim girl had a love affair with the petitioner and on her volition, she went along with the petitioner. However, the petitioner was arrested and he is languishing in jail on 24.02.2024. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent submits that when the victim girl was examined by the Court under Section 164 Cr.P.C, she stated that she had a love affair with the petitioner and on her own volition, she went along with the petitioner.
5. Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge (FAC), 2/4
Mahila Court, Pudukkottai.
ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter shall appear as and when required by the respondent police. He has to co-operate for the investigation.
iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.
sd/- 02/04/2024 / TRUE COPY / 02/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY 3/4
To 1.The Sessions Judge (FAC), Mahila Court, Pudukkottai.
2.The Inspector of Police, All Women Police Station, Alangudi, Pudukkottai District.
3.The Officer Incharge, District Prison, Pudukkottai, Pudukkottai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.NA. PALANIYANDI, Advocate ( SR-4092[I] dated 02/04/2024 )
ORDER
IN CRL OP(MD) No.4484 of 2024 Date :02/04/2024 ED/ /SAR- (02/04/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4