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Madras High CourtCRL OP(MD)/20501/2021granted

Mahendran v. The Inspector Of Police

2021-12-22Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Mahendran ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, K.V.Nallur Police Station, Tenkasi District.

C.No.429 of 2021. ... Respondent/Complainant For Petitioner : M/s.Karthick R.J., Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.429 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who were arrested on 01.12.2021 for the alleged offence under Sections 294(b), 354(A) (1) (I) and 506(ii) of IPC, in Crime No.429 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner harassed the defacto complainant's daughter in the name of proposing love on several occasions. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person, that he is not having any previous case at his credit. He would further submitted that the petitioner and the defacto complainant were living in the same village and the defacto complainant's daughter and the petitioner fell in love with each other. He further submitted that the petitioner is ready to file an undertaking affidavit before the concerned Court stating that he will not disturb the victim girl or cause any kind of 1/3

harassment to her in future. He would further submit that the petitioner is in judicial custody from 01.12.2021. 4.The learned Additional Public Prosecutor, appearing for the respondent would submit that the petitioner is not having any previous case at his credit and the investigation is not yet completed.

5.Considering facts and circumstances of this case, considering the age of the petitioner, the undertaking given by the petitioner the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Court, Sankarankovil, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. 7.The petitioner is directed to file an undertaking affidavit before the concerned Court stating that he will not disturb the victim girl or cause any kind of harassment to her in future. If the petitioner arises any trouble to the victim girl in future, the bail granted by this Court stands automatically cancelled without reference of this Court.

sd/- 22/12/2021 / TRUE COPY / 22/12/2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Judicial Magistrate, Sankarankovil.

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2.Do Through The Chief Judicial Magistrate, Tirunelveli.

3.The Superintendent, Central Prison, Pallayamkottai.

4.The Inspector of Police, K.V.Nallur Police Station, Tenkasi District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.20501 of 2021 Date :22/12/2021 RS/PN/SAR3(22.12.2021) 3P-6C 3/3