Jerome Kathiravan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2023 PRESENT The Hon`ble Mrs.Justice R.THARANI Jerome Kathiravan ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, All Women Police, Madurai Town, Madurai District.
Crime No.3 of 2023 ... Respondent/Complainant For Petitioner : M/s. Balaji.S, 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 Cr.No.3/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 10.04.2023 for the offence punishable under Section 376 of IPC in Crime No.3 of 2023 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that when the defacto complainant had come to Madurai to attend the conference, the petitioner herein along with other accused committed sexual assault on the defacto complainant. Hence, the complaint. 3.On the side of the petitioner, it is stated that no sexual assault was made as alleged by the prosecution. The occurrence had taken place on 18.12.2022, whereas complaint was lodged only on 10.04.2023 after a delay of four months. The defacto complainant only invited the petitioner to the hotel and stayed there. It is further stated that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. Further, the petitioner is in judicial custody from 10.04.2023, hence he seeks bail.
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4.On the side of the prosecution, it is stated that the accused persons had committed sexual assault on the defacto complainant. 164 Cr.P.C statement of the defacto complainant was recorded and medical examination was also over. It is further stated the first accused was already released on bail by this Court.
5.Considering the facts and circumstances of the case and also considering the period of incarceration and the fact the first accused was already released on bail, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 No.I, Madurai [b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [c] the petitioner shall report before the respondent police daily at 10.30 A.M., and 5.30 P.M., until further orders. [d] the petitioner shall not commit any offences of similar nature.
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Judicial 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 05/05/2023 / TRUE COPY / 05/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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CP TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE, MADURAI TOWN, MADURAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. BALAJI.S Advocate SR.No.7221
ORDER
IN CRL OP(MD) No.8604 of 2023 Date :05/05/2023 SA/SSS/SAR. /05.05.2023/3P/7C 3/3