Ravikumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Ravikumar ... Petitioner/Accused No.1 Vs The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.
Crime No. 19/2024 ... Respondent/Complainant For Petitioner :
Mr.P. Saravanakumar, Advocate.
For Respondent :
Mr.R.M.Ambunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 19 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 12.06.2024 for the offences punishable under Sections 417, 376, 294(b), 506(i) of IPC and Section 4 of TNPHW Act, 2002, in Crime No.19 of 2024 on the file of the respondent police, seeks bail.
1/4
2.The case of the prosecution is that the petitioner had sexual intercourse with the defacto complainant by giving a false promise that he will marry her. Thereafter, he refused to marry her. But, the defacto complainant got pregnant. When the same was informed to the family members of the petitioner, they abused her in filthy language and threatened her with dire consequences. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 12.06.2024, hence he may be released on bail.
4.The learned Additional Public Prosecutor would submit that more than 9 witnesses have been examined and the investigation is yet to be completed. Hence, he strongly opposed to grant bail.
5.Considering the period of incarceration and also considering the fact that 9 witnesses have been examined and the major part of the investigation might have been completed, this Court is inclined to grant bail to the petitioner on certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 2/4
learned Judicial Magistrate Court No.I, Sattur, Virudhunagar District. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; (vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC;
sd/- 22/07/2024 / TRUE COPY / 22/07/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
DSS 3/4
TO 1 THE JUDICICAL MAGISTRATE NO.I, SATTUR, VIRUDHUNAGAR DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.. 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-8223[I] dated 22/07/2024 )
ORDER
IN CRL OP(MD) No.10961 of 2024 Date :22/07/2024 RS//SAR-(22.07.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4