Rajeshwari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.11.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Rajeshwari ... Petitioner/2nd Accused Vs The State represented by The Inspector of Police, Seithur Police Station, Viruthunagar District.

(In Crime No.293 of 2023) ... Respondent/Complainant For Petitioner : Mr.M.Suriya Kumar, Advocate For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.293 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.11.2023 for the alleged offence punishable under Sections 370(4) IPC and Sections 80 & 81 of 1/4

the Juvenile Justice (Care and Protection of Children)Act, 2015 in Crime No.293 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that A1 gave birth to the male child on 18.10.2023 at Government Hospital. On 25.10.2023, with an inducement of the petitioner herein, other accused sold the child to A5 and shared the sale amount. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 19.11.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that there is no previous case pending as against the petitioner. 5.Heard both sides and perused the materials available on record. 6.Considering the nature of allegations made against the petitioner and taking note of the fact that no previous case is pending against the petitioner and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant bail to the petitioner.

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7.Accordingly, the petitioner is ordered to be released on bail on condition to execute a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the learned Judicial Magistrate, Rajapalayam and on further conditions that:

(i) the petitioner shall appear before the trial Court on receipt of summons (ii)the petitioner shall not tamper with evidence or witness; (iii)the petitioner shall not abscond during trial. (iv) 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]. v)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 30/11/2023 / TRUE COPY / 30/11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE SEITHUR POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE SUPERINTENDENT, MADURAI CENTRAL JAIL WOMEN PRISON, MADURAI.

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

+1 CC to M/s.M.SURIYA KUMAR, Advocate ( SR-17143[I] dated 30/11/2023 )

ORDER

IN CRL OP(MD) No.21615 of 2023 Date :30/11/2023 SS/SAR- /30/11/2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4