BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11729 of 2011 BALAMURUGAN ..PETITIONER/ACCUSED NO.2 Vs. STATE THROUGH THE INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DISTRICT. CRIME NO.112/2011 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ALAGUMANI Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.2 surrendered before the court and remanded to judicial custody on 18.7.2011 for the alleged offences punishable under Sections 366(A),342, 376 and 506(ii) of IPC in Crime No.112 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit that the petitioner is only the friend of A1 and a false case has been foisted against the petitioner and the alleged occurrence has been taken place on 18.4.2011 and the victim girl is none other than the maternal uncle's daughter of A1 and she is aged about 14 years and she was kidnapped by A1 with the help of A2 to A4 and A3 and A4 were enlarged on bail and A1 was arrested and he is in judicial custody and the girl is secured and the petitioner/A2 is nothing to do with the commission of offence and he is in custody for more than 51 days and hence, he come forward with this application and he prays for enlargement on bail. https://hcservices.ecourts.gov.in/hcservices/ 3. The learned Additional Public Prosecutor (Crl.side) would submit that the petitioner's name has been found place in FIR and he is having six previous cases and the petitioner has bad antecedents and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and the document filed by the petitioner which shows that the alleged occurrence has been taken place on 18.4.2011 and the petitioner has filed the document to show that the petitioner is having 6 previous cases. He further submitted that the case Crime No.291 of 2001 is registered under Section 363 of IPC and in that case, the petitioner/A2 abducted a woman and got married her and other recent cases are registered under Section 506(ii) of IPC and the cases are only registered on 9.7.2011. Considering the facts and circumstances of the case and already A3 and A4/the parents of A1 were arrested and enlarged on bail and the girl has been secured and A1 was arrested and remanded to judicial custody and even though the cases are pending against the petitioner, that cases are registered under Section 506(ii) of IPC. Hence, I am inclined to grant bail to the petitioner with stringy conditions. 5. Accordingly, the petitioner is ordered to be released on bail on his 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, Vedasanthur, Dindigul, and on further condition that the petitioner shall stay at Madurai and the petitioner shall appear before the Judicial Magistrate No.I, Madurai, daily at 10.30 a.m. for 60 days until further orders. sd/- 07/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1 THE JUDICIAL MAGISTRATE, VEDASANTHUR, DINDIGUL. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE DINDIGUL. 3 THE JUDICIAL MAGISTRATE NO.1, MADURAI. 4 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 5 THE OFFICER-IN-CHARGE, DISTRICT JAIL, DINDIGUL. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 7 THE INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DISTRICT. +1. CC to M/S. R.ALAGUMANI Advocate SR.No.30152 akm/08.09.11 /2p-9c/ ORDER IN CRL OP(MD) No.11729 of 2011 Date :07/09/2011 https://hcservices.ecourts.gov.in/hcservices/