V. Manikandan v. The Inspector Of Police

CRL OP(MD). No.12951 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12951 of 2019 V.Manikandan ... Petitioner/1st Accused Vs The State, Rep.by Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

(Crime No.238/2017). ... Respondent/Complainant For Petitioner : M/s.K.Sankar, Advocate.

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.238/2017 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 21.06.2019, for the offences under section 366(A) of I.P.C. and Section 6 of POSCO Act, 2012, in Crime No.238 of 2017, on the file of the respondent police. Hence, he seeks bail.

3. The learned Government Advocate (Crl. Side) submitted that the investigation is over and the final report has been filed and the case has also been taken on file. The relationship between the parties is consensual in nature. The statement of the victim has also been recorded.

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CRL OP(MD). No.12951 of 2019

4. In view of the same, 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 Fast Track Mahila Court, Theni. (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 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 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/- 18/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, FAST TRACK MAHILA COURT, THENI 2 THE OFFICER INCHARGE, DISTRICT PRISON, THENI.

3 THE INSPECTOR OF POLICE THENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT.

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

+1. CC to M/S. K. SANKAR Advocate SR.No.15718 ORDER IN CRL OP(MD) No.12951 of 2019 Date :18/09/2019 IAS ES/PN/SAR 4/18.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2