Siva v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Siva, ... Petitioner/Accused No.1 Vs The State of Tamilnadu rep by, The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

(In Crime No.23/2024).

... Respondent/Complainant For Petitioner : M/s.M.Jothi Basu, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.23 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 31.08.2024 for the offences punishable under Sections 294(b), 376 & 417 of IPC, in 1/4

Crime No.23 of 2024 on the file of the respondent police, seeks bail. 2.By the order of this Court dated 13.09.2024, the petitioner was granted interim bail by referring the matter to mediation.

3. When the matter was taken up for hearing today, the learned Additional Public Prosecutor would submit that even though interim bail was granted, there is no amicable resolution of the dispute between the parties.

4. Be that as it may, considering the nature of the allegations in this case that the petitioner is said to have given a false promise to marry the victim girl and had sexual intercourse and thereafter, cheated the victim girl, and the petitioner was originally arrested on 31.08.2024, and he was in custody till 13.09.2023 until he was granted interim bail, this Court is inclined to grant bail to the petitioner on certain conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 Judicial Magistrate Court, Aruppukottai, Virudhunagar District. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; 2/4

(ii)the petitioner shall report before the respondent police as and when required for interrogation;

(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during 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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/10/2024 / TRUE COPY / 17 / 10 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE COURT ARUPPUKOTTAI , VIRUDHUNAGAR DISTRICT.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE OFFICER INCHARGE DISTRICT PRISON, VIRUDHUNAGAR..

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-12568[I] dated 17/10/2024 )

ORDER

IN CRL OP(MD) No.15472 of 2024 Date :17/10/2024 PSP/ /SAR /17.10.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4