Jeyaganesh v. Thiruppathy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of September Two Thousand and Nineteen PRESENT The Hon`ble Mr.Justice S.VAIDYANATHAN and The Hon`ble Mr.Justice N.ANAND VENKATESH IN HCP(MD) No.911 of 2019 Jeyaganesh, S/o.Rajapandi, S.M.Colony Anna Nagar, Madurai ... Petitioner/3rd Respondent Vs

1. Thiruppathy, S/o.Alagarsamy, D.No.63, 4th Block, S.M.P. Colony, Anna Nagar, Madurai

2. The Commissioner of Police, Madurai City, Madurai

3. The Inspector of Police (Circle), E3 Anna Nagar Police Station, Madurai City

4. The Inspector of Police, All Women Police Station, Madurai South. ... Respondents [R.4 suo motu impleaded vide order of this Court dated 16.09.2019 made in H.C.P(MD)No.911 of 2019.] Prayer in CRL MP(MD). 8549/ 2019 :

to grant interim bail to the petitioner in Crime No.876 of 2019 pending on the file of the 3rd respondent police, till the disposal of the Habeas Corpus petition and pass suitable orders Prayer in Habeas Corpus Petition(MD) No. . 911/ 2019 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to issue a Writ of Habeas Corpus or any appropriate order or direction in the nature of writ directing the 1st and 2nd respondents to produce the person or body of detenu namely Alagu Meena daughter of Thiruppathy aged about 17 years before this Hon'ble Court.

1/3

For Petitioner : Mr.Niranjan S.Kumar For Respondents 2 to 4 : Mr.M.Chandra Sekaran, Additional Public Prosecutor ORDER : The Court Made the following order :- This Criminal Miscellaneous Petition has been filed seeking for interim bail.

2. This Court, vide order dated 16.09.2019, passed in H.C.P(MD) No.911 of 2019, had recorded the statements given by the detenue and her parents and it was specifically admitted by the detenue that she had developed a relationship with the petitioner herein and she wants to marry the petitioner herein. Her parents were also interested in getting the detenue married to the petitioner herein after she completes her studies. Upon recording such statements, this Court permitted the detenue to go along with her parents.

3. This Court also directed the fourth respondent police to produce the petitioner before this Court along with his parents.

4. The petitioner herein was produced before this Court and he stated that he is aged about 20 years and that he is working as a Machine Operator in a private concern. He further stated that he wants to get married to the detenue.

5. Taking into consideration the facts and circumstances of the case and also the age of the petitioner herein, it will not be in the interest of the petitioner herein to continue with his incarceration in the jail.

6. Therefore, this Court is inclined to grant interim bail to the petitioner herein subject to the following conditions: (a) The petitioner herein shall execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with one surety (who should be a blood relative) for a like sum to the satisfaction of the learned Mahila Court, Madurai;

(b) The petitioner herein shall report before the fourth respondent - Inspector of Police, All Women Police Station, Madurai South, on every Sunday at 10.30 a.m., until further orders; (c) The learned Mahila Court, Madurai, shall not insist for Solvency Certificate from the petitioner herein.

7. Accordingly, this Criminal Miscellaneous Petition is ordered.

2/3

8. List the main Habeas Corpus Petition on 04.10.2019. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar TO 1.THE JUDGE, MAHILA COURT, MADURAI.

2. THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI

3. THE INSPECTOR OF POLICE (CIRCLE), E3 ANNA NAGAR POLICE STATION, MADURAI CITY

4. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI SOUTH.

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

+1 CC to M/s.NIRANJAN.S.KUMAR, Advocate ( SR-16772[I] dated 30/09/2019 ) CRL MP(MD). No.8549 of 2019 IN HCP(MD). No.911 of 2019 (Interim) ORDER DATED : 30/09/2019 rsb JM/30.09.2019/3P/7C 3/3