BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of February Two Thousand Eleven PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.1963 of 2011 CHERMADURAI ..PETITIONER/ACCUSED Vs. STATE REP.BY THE INSPECTOR OF POLICE AATHOOR POLICE STATION, TUTICORIN DISTRICT. CR.NO.194 OF 2010 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. B.PUGALENDHI Advocate For Respondent : MR.P.RAJENDRAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner as the accused was remanded to judicial custody on 18.12.2010 for alleged offences punishable under Sections 366(A) and 376 IPC and 3(2)(v) SC/ST Act 1989 in Crime No.194 of 2010, on the file of the respondent police and hence, seeks bail. 2. The Court heard the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondent State. 3. Learned counsel for the petitioner would submit that based on earlier complaint preferred by the mother of the girl, the petitioner was arrested and subsequently released on bail. He would submit that the daughter of the de-facto complainant and the petitioner had a love affair and a child was born to them and taking the child with her, the daughter of the de-facto complainant has again left with the petitioner. He would further submit that s further complaint stands lodged by the mother and the petitioner has been arrested and was remanded to judicial custody from 18.12.2010. 4. The learned Government Advocate (Crl.Side) would submit that the case has been registered since the daughter of the de-facto complainant is below 16 years of age. Learned Counsel for the petitioner would state that the said submission is factually incorrect. https://hcservices.ecourts.gov.in/hcservices/ 6. Considering the fact and circumstances of this case and considering the fact that the petitioner is in judicial custody from 18.12.2010, this Court is inclined to grant bail to the petitioner, with certain conditions. Accordingly, 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, Thiruchendhur and on further condition that the petitioner shall appear before the respondent police, daily at 10.30 a.m. for a period of two weeks and thereafter as and when required. Sd/- 23/02/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, THIRUCHENDUR. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE TUTICORIN. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5 THE INSPECTOR OF POLICE AATHOOR POLICE STATION, TUTICORIN DISTRICT. +1. CC to M/S. B.PUGALENDHI Advocate SR.No.9518 akm/24.02.11 /2p-7c/ ORDER IN CRL OP(MD) No.1963 of 2011 Date :23/02/2011 https://hcservices.ecourts.gov.in/hcservices/