Kutralakani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21191 of 2016 KUTRALAKANI ... PETITIONER/ACCUSED NO.1 Vs STATE BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT, CRIME NO. 12 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S P.SAMUEL GUNASINGH Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner / Accused No.1, was arrested on 28.09.2016 for the offences punishable under Sections 417, 376, 323, 294(b), 506(i) and 109 of I.P.C., in Crime No.12 of 2016 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and the de-facto complainant were loved each other and by giving false promise to marry her, the petitioner had sexual relationship with her and thereafter, he refused to marry her.
3. The learned counsel for the petitioner would submit that the petitioner is innocent person and he has been falsely implicated in this case and he is in judicial custody from 28.09.2016.
4. The learned Government Advocate (Crl.side) produced the Medical Report given by the Medical Officer, Government Hospital, Rajapalayam, in which it is stated that the de-facto complainant has not last her virgin.
5. Considering the facts and circumstances of the case and that the petitioner has been in custody from 28.09.2016, 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 Judicial Magistrate, Rajapalayam;
(ii) the petitioner is directed to appear before the respondent police daily at 10.30 a.m. until further orders; (iii) the petitioner shall not tamper with the 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 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].
sd/- 10/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,RAJAPALAYAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SRIVILLIPUTHUR AT VIRUDHUNAGAR DISTRICT.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE OFFICER IN CHARGE, SUB JAIL, SRIVILLIPUTHUR. +1 CC TO M/S.P.SAMUEL GUNASINGH, ADVOCATE IN SR.NO.68224 AKV CSL/GSV-PM/SAR-III/15.11.2016: 2P/7C
ORDER
IN CRL OP(MD) No.21191 of 2016 Date :10/11/2016 https://hcservices.ecourts.gov.in/hcservices/