Avinasi 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.17825 of 2018 AVINASI ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MUSIRI POST & TALUK, TRICHY DISTRICT.

(IN CR NO. 5 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.P.GANAPATHI SUBRAMANIAN 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 28.08.2018 for the offence punishable under Sections 417,420 and 376 of IPC, in Crime No.5 of 2018 on the file of the respondent police. He Seeks bail.

2. The case of the prosecution is that the petitioner had relationship with the victim for more than 3 years and had also collected money from her and thereafter refused to marry the victim. Based on the complaint given by the victim, First Information Report was registered against the petitioner.

3. The learned counsel for the petitioner would submit that admittedly there was a relationship between the petitioner and the victim. Thereafter there was some misunderstanding as a result of which both of them got separated. Therefore a false complaint has been lodged against the petitioner. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that 164 Statement has been taken from the victim and the same reveals that she had lived with the petitioner for more than three years and thereafter the petitioner had refused to marry her. https://hcservices.ecourts.gov.in/hcservices/

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,Musiri.

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

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, MUSIRI.

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

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MUSIRI POST & TALUK, TRICHY DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT PRISON, TRICHY.

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

+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.18931

ORDER

IN CRL OP(MD) No.17825 of 2018 Date :05/10/2018 JM/PN/SAR 4/05.10.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/