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Madras High CourtCRL OP(MD)/15653/2018ordered

Babu @ Babu Sagulin v. The Inspector Of Police

2018-09-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15653 of 2018 BABU @ BABU SAGULIN ... PETITIONER / ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI DISTRICT.

(IN CR NO. 1523 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.V.VAIRAM SANTHOSH 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, who was arrested and in judicial custody since 06.08.2018 for the offences punishable under Sections 354 (D) and 506(i) of I.P.C., in Crime No.1523 of 2018, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner took photograph with the defacto complainant and threatened her by demanding money to the tune of Rs.5 lakhs. The defacto complainant is a college going student. The petitioner also threatened the defacto complainant stating that if the amount is not paid ad demanded, he will upload the photograph in the Face Book. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the father of the petitioner is a Carpenter, who worked in the defacto complainant's house and since, he demanded the balance amount of Rs.40,000/- for the work done by him and the defacto complainant's father is a police man, a false complainant has been foisted against the petitioner. He would further submit that the petitioner is incarceration from 06.08.2018.

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4.The learned Additional Public Prosecutor would submit that the investigation is pending.

6.Considering the facts and circumstances of the case and considering the period of incarceration, 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 No.II, Madurai. (ii) the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

sd/- 10/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.G.V.VAIRAM SANTHOSH Advocate SR.No.17233

ORDER

IN CRL OP(MD) No.15653 of 2018 Date :10/09/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/VR MMS/SAR 3/10.09.2018/2P/7C