Arul Jothi v. The Inspector Of Police

CRL OP(MD) No.17604 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD) No.17604 of 2021 ARUL JOTHY ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE AWPS - THIRUVERAMBUR POLICE STATION, TRICHY DISTRICT.

(CRIME NO.25/2021) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.PITCHAI MUTHU, Advocate. For Respondent : MR.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec. 439 Cr.P.C.

Prayer:-For Bail in Crime No.25 of 2021 on the file of the respondent Police.

ORDER : The Court Made the following order :- The petitioner, who is the sole accused, was arrested and remanded to judicial custody on 13/10/2021 for the alleged offences punishable under Sections 450, 376(1), 506(i), 354C of IPC r/w section 66E of Information Technology Act, 2000 in Crime No.25 of 2021 on the file of the respondent police and hence, seeks bail. 2.The petitioner is facing the charges for the offences punishable under Sections 450, 376(1), 506(i), 354C of IPC r/w section 66E of Information Technology Act, 2020. 3.It is a case of the alleged illegal affairs between the defacto complainant and this petitioner. For the purpose of knowing the factual background, the entire CD file has been called and has also been produced by the prosecution.

4.The photographs which have been recovered from the Investigating Officer from the CCTV footage shows that the de-facto complainant has been assaulted and teased by the petitioner mercilessly. But from the statement that has been given by the dehttps://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD) No.17604 of 2021 facto complainant, it is seen that she was having illegal affairs with the petitioner. In such circumstances, whether the offence under section 376(i) IPC will be attracted or not, is a matter for investigation and trial.

5.The petitioner/accused has been arrested on 13/10/2021 and ever-since, he is in custody and the major portion of the investigation is also over. The 164 Cr.P.C statement of the victim has also been recorded. It is also seen that when the illegal relationship between the de-facto complainant and this petitioner came to the knowledge of the husband of the victim, the present complaint came to be filed.

6.In view of the above facts and also considering the fact that major portion of the investigation is almost over and duration of the custody of the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7.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, Additional Mahila Court, Trichy and on further condition that the petitioner shall report before the respondent police daily at 10.00 am until further orders.

sd/- 13/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, TRICHY, TRICHY DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE AWPS - THIRUVERABUR POLICE STATION, TRICHY DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER IN CRL OP(MD) No.17604 of 2021 Date :13/12/2021 ER MK/PN/SAR.III/14.12.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2