Manojkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Manojkumar, ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station, Sankarankovil, Tenkasi District.

(Crime No.19 of 2024).

... Respondent/Complainant For Petitioner : MR.K.S.Durai Pandian, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.19 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- 1/4

The petitioner/Accused, who was arrested and remanded to judicial custody on 27.08.2024 for the offences punishable under Sections 417, 294(b) and 376 of IPC, in Crime No.19 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner had sexual intercourse with the defacto complainant by giving a false promise that he would marry her. Thereafter, he refused to marry her. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations in this case that the petitioner had love affair with the victim and that promising to marry her, had physical intercourse and thereafter evaded her, and considering the fact that the petitioner is in prison from 27.08.2024, 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 learned Judicial Magistrate, Sankarankovil.

(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 daily at 10.30 a.m., for a period of three weeks and thereafter, 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/- 27/09/2024 / TRUE COPY / 27 / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE SANKARANKOVIL.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYANKOTTAI..

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SANKARANKOVIL, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16238 of 2024 Date :27/09/2024 PSP/ /SAR /27.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4