Ramesh, S/O.Palani Muthu, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20573 of 2018 RAMESH ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, NILAKOTTAI ALL WOMEN POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.9 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.SIVAPRAKASH Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody since 26.09.2018 for the offences punishable under Sections 417, 376 and 506(i) I.P.C, in Crime No.9 of 2018, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the defacto complainant while studying in K.P.N.College, had developed interest towards each other. The petitioner on false promise on marrying the defacto complainant had sexual intercourse with her and went to abroad. After that he got married his sister's daughter. Hence, the defacto complainant had a complaint against the petitioner herein.

3.Heard the learned counsel for the petitioner. 4.The learned Additional Public Prosecutor would submit that the medical examination is completed and the defacto complainant had given a 164 statement as against the petitioner herein.

5. Considering the facts and circumstances of the case the act is appears to be in sofar nature and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

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6. Accordingly, the petitioner is ordered to be released on bail on his 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, Nilakottai, Dindigul District and on further condition that: s[a] the petitioner shall report before the respondent police daily at 10.30.am., until further orders.

[b] the petitioner shall not abscond either during investigation or trial.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE, NILAKOTTAI ALL WOMEN POLICE STATION, DINDIGUL DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL.

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

+1. CC to M/S.S.SIVAPRAKASH Advocate SR.No. 21903

ORDER

IN CRL OP(MD) No.20573 of 2018 Date :22/11/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/VR MMS/SAR 1/22.11.2018/2P/7C