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Madras High CourtCRL OP(MD)/15154/2018ordered

Sathiyanathan, v. The Inspector Of Police,

2018-08-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15154 of 2018 SATHIYANATHAN, ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ARUMANAI POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT, CR.NO.136 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.J.KARTHICK Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A1, who was arrested and in judicial custody since 29.07.2018 for the offences punishable under Sections 294(b), 406, 420 and 506(i) of I.P.C. and Section 4 of Tamil Nadu Women Harassment Act, 2002, in Crime No.136 of 2018, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and two others collected Rs.13 lakhs from the defacto complainant in three instalments in the months of May, June and July of 2017 by giving false promise to arrange a job for her son in the Railway Department. Thereafter, since the accused did not arrange the job as promised by them, the present complaint has been registered. 3.The learned counsel appearing for the petitioner would submit that the petitioner is a Pastor in Carmel Mission Church and he never indulgence in this crime.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that investigation is pending. 5.It is seen that A3 assured before this Court to settle the amount to the defacto complainant in Crl.O.P.(MD) No.13868 of 2018 and the matter has been referred to Mediation and Conciliation Centre for an amicable settlement between the parties. https://hcservices.ecourts.gov.in/hcservices/

6.Considering the facts and circumstances of the case and considering the period of incarceration by the petitioner, , 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;

(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, Kuzhithurai;

(ii) the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders.

(iii)the petitioner shall further appear before the Mediation and Conciliation Centre for the next hearing date without fail. sd/- 27/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,KUZHITHURAI.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, ARUMANAI POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

4 THE SUPERINTENDENT, SUB JAIL, KUZHITHURAI,KANYAKUMARI DISTRICT.

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

COPY TO:- THE CO-ORDINATOR, THE MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.J.KARTHICK Advocate SR.No.16190

ORDER

IN CRL OP(MD) No.15154 of 2018 Date :27/08/2018 MV:VR:SAR2:24/08/18/2P/8C https://hcservices.ecourts.gov.in/hcservices/