← Library
Madras High CourtCRL OP(MD)/13390/2022granted

Mohamed Fizal v. The Inspector Of Police

2022-08-12Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.13390 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13390 of 2022 Mohamed Fizal ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, All Women Police Station, Thallakulam, Madurai City.

Crime.No.26 of 2022.

... Respondent/Complainant For Petitioner : M/s. Poornachandran.S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.26 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 19.05.2022 for the alleged offences under Sections 417 and 376 of IPC, in Crime No.26 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner had sexual intercourse with the defacto complainant by giving false promise that he will marry her. Thereafter, refused to marry her. Hence, the present case has been registered against the petitioner and the petitioner was arrested on 19.05.2022. Ever since, he is in custody.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has married the victim girl on 06.08.2022 and now, the victim girl as well as the petitioner living together in the house of the petitioner. Hence, he prays for grant of bail to the petitioner.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13390 of 2022 4.Considering the period of incarceration and also considering the submission made by the learned counsel for the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 12/08/2022 / TRUE COPY / 12/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.

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

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI..

4. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.13390 of 2022 Date :12/08/2022 DSS USK/PN/SAR-I/12.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2