Vasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.17064 of 2023 Vasu, ... Petitioner/Sole Accused Vs State rep. by The Inspector of Police, All Women Police Station, Rameswaram, Ramanathapuram District.

Crime No. 7 of 2023.

... Respondent/Complainant For Petitioner : M/s.Veerakumar.T, Advocate.

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

PRAYER :- For Bail in Crime No. 7 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 14.08.2023 for the alleged offence under Sections 417 & 376 of IPC in Crime No.7 of 2023, on the file of the respondent police, seeks bail.

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2.The case of the prosecution is as per the defacto complainant's version is that on false promise that the petitioner has love affair with the defacto complainant and he will marry her, the petitioner having sexual intercourse with the defacto complainant for many times. But, later refused to marry her. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that investigation in this case is pending.

4.The learned Additional Public Prosecutor submitted that considering the seriousness of the allegation, considering the fact that the investigation is in initial stage and also since the Medical Report of both parties have not been received, the earlier bail application filed by the petitioner was dismissed by this Court. Now the Medical Report has been received.

5.In the Medical Report it has been stated that there is no external injuries found 2/4

and the hymen is not intact. On that ground the learned counsel for the petitioner seeks bail to the petitioner.

6.Considering the period of incarceration, the investigation is almost over and the medical report has also been filed, this Court is inclined to grant bail to the petitioner with stringent conditions.

7.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, Rameshwaram, Ramanathapuram District and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 05/10/2023 / TRUE COPY / 05/10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The Judicial Magistrate, Rameshwaram, Ramanathapuram District.

2. Do-Through The Chief Judicial Magistrate, Ramanathapuram District.

3. The Officer Incharge, District Prison, Ramanathapuram.

4. The Inspector of Police, All Women Police Station, Rameswaram, Ramanathapuram District.

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

+1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-14669[I] dated 05/10/2023 )

ORDER

IN CRL OP(MD) No.17064 of 2023 Date :05/10/2023 SSA/05.10.2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4