Marimuthu v. The Inspector Of Police
CRL.OP(MD).No.9162 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon'ble Mrs.Justice T.V.THAMILSELVI CRL.OP(MD).No.9162 of 2022 Marimuthu ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli District.
(Cr.No.3 of 2022) ... Respondent/Complainant For Petitioner : Mr.M.Jothi Basu, Advocate.
For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-For Bail in Crime No.3 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner who was arrested on 02.04.2022 for the offences under Sections 354(D), 506(i), 417, 363 IPC r/w Section 6, 5(1) of Protection of Children from Sexual Offences Act 2012, in Cr.No.3 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 26.03.2022 at about 03.00 hours, the petitioner kidnapped the victim and had sexual intercourse on the pretext of marriage. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner and the victim girl loved each other and when they asked the permission of the parents for marriage, they denied for the same and arranged marriage for the victim girl with another person. 4.The learned Additional Public Prosecutor for the respondent police objected for grant of bail and produced the copy of the statement recorded under Section 164 Cr.P.C.
5.On a perusal of the victim girl's statement, it is seen that it is a case of love affair and investigation is almost completed and the petitioner is in judicial custody from 02.04.2022. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL.OP(MD).No.9162 of 2022 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Court, Special Court for POSCO Act Cases, Tirunelveli.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
(ii)the petitioner shall report before the respondent police on every Monday and Saturday at 10.30 a.m., for a period of three months and thereafter as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned 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 learned 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/- 18/05/2022 / TRUE COPY / 19/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES, TIRUNELVELI. 2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.G.M.LAW OFFICE, Advocate SR.No.4745. ORDER IN CRL OP(MD) No.9162 of 2022 Date :18/05/2022 ias MK/SVR/SAR.II/19.05.2022/3P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2