V. Nishanth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18154 of 2018 V. NISHANTH ... PETITIONER / ACCUSED NO.2 Vs STATE:

REP. BY INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY.

(CRIME NO. 227 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.K.SARAVANA BAGAVATHY Advocate For Respondent : MR.V.NEELAKANDAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 366(A), 376 r/w. Sections 5(1) (6) and 17 of Protection of Children Sexual Offences Act, 2012 I.P.C. in Crime No.227 of 2018, on the file of the respondent Police. The petitioner is arrayed as Accused No.2. He seeks bail.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3.The case of the prosecution is that Accused No.1 is said to have kidnapped the victim girl with the help of his brother Accused No.2. Accused No.1 made a false promise to marry her and had sexual intercourse with her. When the same was came to the knowledge of the victim's family, they preferred the present complaint. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the first accused had already granted bail by the Lower Court.

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5.Considering the above facts and circumstances and also considering the period of incarceration undergone by 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 Mahalir Sessions Court, Madurai.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

sd/- 12/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE MAHALIR SESSIONS JUDGE MADURAI 2 THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.18154 of 2018 Date :12/10/2018 MSI/VR-MMS/SAR-I/15.10.2018-2P/4C https://hcservices.ecourts.gov.in/hcservices/