R. Vijay v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.17332 of 2018 R. VIJAY ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE , FORT ALL WOMEN POLICE STATION, TRICHY GANDHI MARKET.

(CRIME NO. 523 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.PON KARTHIKEYAN 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 is in judicial custody since 04.09.2018 for the offence punishable under Sections 366(A) of IPC r/w.5(1)(6) of Protection of Children from Sexual Offences Act, 2012, in Crime No.523 of 2018 on the file of the respondent police. He Seeks bail.

2. The case of the prosecution is that this petitioner taken away the minor girl along with him aged about 17 years.

3. The learned counsel for the petitioner would submit that this petitioner and the victim girl had love affair and they decided to marry and therefore they eloped and were staying in a friend's house at Chenni for morethan 7 days. Thereafter based on the complaint the girl was taken away and the respondent police registered First Information Report in crime No. 523 of 2018. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that 164 statement has already been taken from the victim girl. A cursory reading of the 164 statement would reveal that there was previous relationship andthat the victim girl had gone along with this petitioner to Chennai.

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5. Considering the above facts and circumstances and also

considering the period of incarceration of the petitioner, and that the investigation is almost completed, this Court is inclined to grant bail to the petitioner. 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.V, Trichy (ii)the petitioner shall appear before the respondent police once in a week on every Monday at 10.30 a.m. until further orders; sd/- 05/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-V,TRICHY.

2 THE CHIEF JUDICIAL MAGISTRATE,TRICHY.

3 THE INSPECTOR OF POLICE FORT ALL WOMEN POLICE STATION, TRICHY GANDHI MARKET. 4 THE SUPERINTENDENT, CENTRAL PRISON,TRICHY.

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

+1. CC to M/S.R.PON KARTHIKEYAN Advocate SR.No.18968 PS/PN/SAR-4:05/10/2018:2P/7C

ORDER

IN CRL OP(MD) No.17332 of 2018 Date :05/10/2018 https://hcservices.ecourts.gov.in/hcservices/