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Madras High CourtCRL OP(MD)/16729/2018ordered

Somasundar, S/O.Sundarraj v. The Sub Inspector Of Police,

2018-09-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of September Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16729 of 2018 SOMASUNDAR ... PETITIONER / ACCUSED Vs THE STATE REPRESENTED BY, THE SUB INSPECTOR OF POLICE, KOOMAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.167 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.GANESHKAMU, 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 01.08.2018 for the offences punishable under Sections 366-A and Section 5(1) r/w 6 of the Protection of Children from Sexual Offence Act, 2012, in Crime No.167 of 2018 on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that on 15.07.2018, defacto complainant's daughter aged about 17 years went to school, but she did not return to home. After that the defacto complainant came to know that the petitioner had abducted the her daughter. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner and the victim girl fell in love with each other. The petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of bail to the petitioner.

4.Heard the learned Additional Public Prosecutor appearing for the respondent.

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5.Considering the facts and circumstances of the case and the period of incarceration of the petitioner, 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, Srivilliputhur.

(ii)the petitioner shall appear before the respondent police as and when required for interrogation.

sd/- 19/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILIPUTHUR.

3.THE OFFICER IN CHARGE SUB JAIL, MELUR, MADURAI.

4.THE SUB INSPECTOR OF POLICE, KOOMAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.M.GANESHKAMU, Advocate, SR.No.17803.

ORDER

IN CRL OP(MD) No.16729 of 2018 Date :19/09/2018 RAM/VR MMS/SAR 3/19.09.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/