Arun @ Aravind v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Arun @ Aravind ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Vadamadurai Police Station, Dindigul District.

(Crime No.128 of 2023).

... Respondent/Complainant For Petitioner :

M/s. Arunraj.K, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.128 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner /Accused, who was arrested on 18.04.2023 for the alleged offence under Section Girl Missing @ 366(A) IPC, 9 and 11 of Prohibition of Child Marriage Act, 2006, in Crime No.128 of 2023, on the file of the respondent police, seeks bail. 2.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that though there are other grounds on 1/3

merit, the petitioner is in custody from 18.04.2023 and till now, charge sheet has not been filed by the prosecution. Therefore, he is entitled for statutory bail, under Section 167(2) Cr.P.C. Hence, prays to release him on statutory bail. 3.The learned Additional Public Prosecutor would also concede the fact that the petitioner is in custody from 18.04.2023 and as on date, charge sheet is not yet filed by the prosecution.

4. Heard the learned counsel appearing on either side and perused the materials placed before this Court. It is seen that the petitioner is in custody from 18.04.2023, ie., more than 90 days and till now, charge sheet has not been filed by the respondent Police. Therefore, the petitioner is entitled for mandatory/statutory bail, under 167(2) of Cr.P.C., on the following 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 Additional District Munsif cum Judicial Magistrate, Vedasandur, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 20/07/2023 / TRUE COPY / 20/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VEDASANDUR.

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

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3 THE OFFICER INCHARGE SUB JAIL, DINDIGUL.

4 THE INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-10996[I] dated 20/07/2023 )

ORDER

IN CRL OP(MD) No.12692 of 2023 Date :20/07/2023 RS/VR/SAR-(20.07.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3