J. Rhenius v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN J.Rhenius Caleb ... Petitioner/Sole Accused Vs The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.

(Crime No.17 of 2019). ... Respondent/Complainant For Petitioner : Mr.E.Marees Kumar,Advocate for M/s.Ajmal Associates.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.17 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 10.02.2019 for the offences punishable under sections 292, 465, 469, 509 of I.P.C., and Section 11 (5), 12 of POSCO Act and Section 66C, 66D, 67 and 67A of Information Technology Act, 2000 in Crime No.17 of 2019 on the file of the respondent police. He seeks bail.

3. The petitioner is said to have embarrassed the victim and her family by posting offending messages in social media. 4.The petitioner's counsel, on instructions, gives an undertaking that the petitioner will totally keep off from the victim and her family. The petitioner shall file an affidavit to that effect before the jurisdictional Magistrate Court, after he comes out on bail.

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5.Taking note of the fact that the petitioner is a student and his studies should not be affected and in view of the undertaking given by him, 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 (Fast Track), Virudhunagar District, Srivilliputhur.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioners shall not abscond either during investigation or 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 absconds, a fresh FIR can be registered under Section 229A IPC.

6.If this undertaking is breached, the respondent or the defacto complainant can move this Court for cancellation of this order.

sd/- 12/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, THE MAHILA COURT(FAST TRACK), VIRUDHUNAGAR DISTRICT, SRIVILLIPUTHUR.

2 THE OFFICER INCHARGE, BORSTAL HOME, MELUR.

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3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT

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

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-15298[I] dated 12/09/2019 )

ORDER

IN CRL OP(MD) No.12631 of 2019 Date :12/09/2019 RMI ES/PN/SAR 3/12.09.2019/3P/6C 3/3