Madras High CourtCRL OP(MD)/9815/2015disposed of

R. Jayaraj v. The Inspector Of Police

2015-06-04Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9815 of 2015 R. JAYARAJ ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NILAKKOTTAI, DINDIGUL DT, CRIME NO.5/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused in Crime No.5 of 2015 on the file of the respondent police was arrested and remanded to judicial custody on 16.03.2015 for the alleged offences punishable under Sections 376, 354 and 506(i) IPC and hence, seeks bail. 2.The case of the prosecution is that the accused had taken photographs of the victim in obscene manner and by showing the photos, he committed rape on her.

3.The learned counsel for the petitioner submitted that both the petitioner and the alleged victim were already married and due to some personal motive, a false complaint was given against the petitioner. He would further submit that the petitioner is in incarceration for more than 81 days and the major part of the investigation is over.

4. The learned Government Advocate (crl. side) appearing for the respondent police submitted that the defacto complainant is a married woman and the petitioner by showing the obscene her obscene photos committed rape on the defacto complainant.

5. Considering the facts and circumstances of the case and the period of incarceration and also considering the fact that major part of the investigation is over, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his 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 learned Judicial Magistrate, Nilakkottai and on https://hcservices.ecourts.gov.in/hcservices/

further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m. and 5.30 p.m. until further orders. sd/- 04/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NILAKKOTTAI.

2 -do- Thro THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NILAKKOTTAI, DINDIGUL DISTRICT. 5 THE OFFICER INCHARGE, SUB JAIL, DINDIGUL. +1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No. 27599. TS/04.06.2015/2P - 7C ORDER IN CRL OP(MD) No.9815 of 2015 Date :04/06/2015 https://hcservices.ecourts.gov.in/hcservices/