Navaneethakrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Navaneethakrishnan, ... Petitioner/Sole Accused Vs The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District..
Crime No. 76/2024 ... Respondent/Complainant For Petitioner : MR.C. Susikumar,Advocate.
For Respondent : MR.R.M.Anbunithi Additional Public Prosecutor(Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- To enlarge the petitioner on bail in Spl S.C No. 40/2024 on the file of the Fast Track Mahila court, Ramanathapuram ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody 1/5
on 10.10.2023 for the offences punishable under Sections 5(1) r/w. 6 of Protection of Children from Sexual Offences Act, 2012 in crime No.76 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on promising to marry the defacto complainant, the petitoiner herein had physical relationship with her for several times and subsequently, he refused to marry her. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 25.03.2024, hence, he may be granted bail. 4.The learned Additional Public Prosecutor would submit that the petitioner herein had physical relationship with the defacto complainant on promising to marry her, but, susbequently, refused to marry her. He would further submit that in this case charge sheet has been filed before the concerned Court.
5. Considering the facts and circumstances of the case and also considering the 2/5
period of incarceration, this Court is inclined to grant bail to the petitioner on 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 Fast Track Mahila Court, Ramanathapuram and on further conditions that; (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 appear before the concerned Court daily at 10.30 am until further orders;
(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial. 3/5
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]. vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 12/07/2024 / TRUE COPY / 12/07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, RAMANATHAPURAM.
THE INSPECTOR OF POLICE MUDUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.
THE OFFICER INCHARGE DISTRICT JAIL, RAMANATHAPURAM.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9924 of 2024 Date :12/07/2024 PKP/12.07.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5