Karthick @ Karthick Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10889 of 2018 KARTHICK @ KARTHICK KUMAR ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE MUTHIAHPURAM POLICE STATION, THOOTHUKUDI DISTRICT, (IN CR NO. 83 OF 2018).

... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MUTHUMALAIRAJA Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 21.04.2018 for the offences punishable under Sections 366(A), 376 and 506(ii) I.P.C. in Crime No.83 of 2018, on the file of the respondent police. He seeks bail.

2.Heard the learned Government Advocate (Crl.Side) for the respondent.

3.The learned counsel appearing for the petitioner submits that the petitioner was having love affair with the defacto complainant and that in order to pressurize him to marry her, this case has been falsely given.

4.Be that as it may, taking account of long incarceration of the petitioner and the fact that the investigation must have been substantially over by now, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

https://hcservices.ecourts.gov.in/hcservices/ (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 Magalir Neethimandram - Fast Track Mahila Court, Thoothukudi.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)the petitioner shall not abscond.

(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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 04/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE MAGALIR NEETHIMANDRAM - FAST TRACK MAHILA COURT, THOOTHUKUDI.

2 THE OFFICER INCHARGE, DISTRICT JAIL, THOOTHUKUDI.

3 THE INSPECTOR OF POLICE MUTHIAHPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to Mr.S.MUTHUMALAIRAJA Advocate SR.No.12207.

ORDER

IN CRL OP(MD) No.10889 of 2018 Date :04/07/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/MMS/ASVM/05.07.2018/2P/6C