BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15243 of 2011 MALKALAI ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE SUB-INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI DISTRICT, CRIME NO.494/2011. .. RESPONDENT/COMPLAINANT For Petitioner : M/S. P.T.RAMESH RAJA Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl.Public Prosecutor(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner was arrested on 06.11.2011 for the alleged offence punishable under Section 363 I.P.C in Crime No.494 of 2011 on the file of the respondent police. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3.According to the submission of the learned counsel for the petitioner, the petitioner has been accused of an offence under Section 363 of I.P.C and despite the said offence is a bailable one, the learned Principal Sessions Judge, Madurai has dismissed the bail petition filed by the petitioner. He would also submit that the allegation in the complaint itself shows that the alleged victim has voluntarily came along with the petitioner and therefore there is no question of any abduction. He would further submit that there is no necessity of arresting the petitioner and put in judicial custody and suitable orders may be passed in the bail petition. 4.The learned Additional Public Prosecutor would submit in his argument that the offence committed by the petitioner is a bailable offence and suitable orders may be passed in the said circumstances. 5.Considering the submissions made by both sides, this Court could see that there is one accusation against the petitioner under Section 363 of I.P.C and admittedly, it is a bailable one. The apprehension of the learned Principal Sessions Judge, Madurai that there would be some more offence committed by the petitioner cannot https://hcservices.ecourts.gov.in/hcservices/ have any legs to stand. Hence, the petitioner is liable to be released on bail forthwith with the following the conditions: 6.Accordingly, the petitioner is directed to be released on bail, on his 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, Melur, and on further condition that the petitioner shall appear before the respondent police as and when required. Sd/- 23/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE MELUR 2 THE SUB-INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI DISTRICT 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUPERINTENDENT CENTRAL JAIL, MADURAI +1. CC to M/S. P.T.RAMESH RAJA Advocate SR.No.41074 ssk/23.11.2011 /6c -2p/- ORDER IN CRL OP(MD) No.15243 of 2011 Date :23/11/2011 https://hcservices.ecourts.gov.in/hcservices/