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Madras High CourtCRL OP(MD)/12354/2019allowed

C. Jegathesan v. The Inspector Of Police

2019-09-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12354 of 2019 C.JEGATHESAN ... PETITIONER / ACCUSED No.1 Vs STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT.

(CRIME NO.13 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. A.ARPUTHARAJ Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in custody since 03.06.2019, for the offences under Section 9 of Child Marriage Act, 1929, and 294(b), 324 @ Sections 9 and 10 of Child marriage Act and 294(b), 324 of I.P.C. and Sections 17 and 18 of Protection of Child from Sexual Offences Act, 2012.

2.The learned Government Advocate (Crl. Side) submitted that investigation is over and the final report has been filed.

3. Taking note of the facts and circumstances of this case, I am inclined to enlarge the petitioner on bail with certain conditions. 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 Mahila Court, Theni. https://hcservices.ecourts.gov.in/hcservices/

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) 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]. sd/- 05/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, MAHILA COURT, THENI.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, UTHAPALAYAM.

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

+1 CC to M/s.A.ARPUTHARAJ, Advocate ( SR-14884[I] dated 05/09/2019 )

ORDER

IN CRL OP(MD) No.12354 of 2019 Date :05/09/2019 JM/06.09.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/