CRL OP(MD)/23494/2013 of LEMON SAMUEL Vs THE INSPECTOR OF POLICE on 30 December 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Monday, the Thirtieth day of December Two Thousand ThirteenPRESENTThe Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23494 of 2013

LEMON SAMUEL

... PETITIONER / ACCUSED

Vs

THE STATE REP.BYTHE INSPECTOR OF POLICE MANOOR POLICE STATION,TIRUNELVELI DISTRICT.(CR.NO.488 OF 2013)... RESPONDENT / COMPLAINANT

For Petitioner : M/S.K. PRABHU AdvocateFor Respondent : MR.C.RAMESH, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was remanded to the judicial custody by therespondent police on 14.12.2013 for the alleged offence under Sections452, 376, 506(ii) of IPC in Crime No.488 of 2013 on the file of therespondent police, seeks bail.

2. It is the case of the prosecution that the petitioner is theowner of JCB Vehicle and 8 months prior to the date of report thispetitioner came to the village of the defacto complainant with JCBVehicle and he criminally trespassed into the house of one Mari @ Lakshmiand committed rape. The defacto complainant is the brother of the victimgirl, who is aged about 32 years and when the defacto complainant askedabout this fact, the accused criminally intimidated him.

3. Learned counsel appearing for the petitioner would submit that outof business motive, this case has been foisted against the petitioner. Hefurther submitted that the petitioner is an innocent person and he isnothing to do with the alleged offence.

4. Learned Additional Public Prosecutor would strongly oppose forgrant of bail. He would submit that medical report of the victim girl hasnot been received.

5. Heard the learned counsel appearing for the petitioner and thelearned Additional Public Prosecutor appearing for the State and alsoperused the materials available on record.

6. On going through the statement of the victim girl it appears thatshe was having affair with the accused and after she became pregnant, acomplaint has been lodged saying that she was subjected to rape.

7. Considering the facts and circumstances of the case this Court isinclined to enlarge the petitioner on bail on the following conditions.https://hcservices.ecourts.gov.in/hcservices/Accordingly, the petitioner is directed to be released on bail onexecuting a bond for a sum of Rs.10,000/- (Rupees ten thousand only) withtwo sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Tirunelveli, and on further condition that thepetitioner shall stay at Madurai and appear before Vilakkuthoon PoliceStation daily at 10.00 a.m until further orders.

sd/- 30/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1.THE JUDICIAL MAGISTRATE NO.VI,TIRUNELVELI.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIORUNELVELI.

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

4.THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

5.THE INSPECTOR OF POLICE MANOOR POLICE STATION, TIRUNELVELI DISTRICT.

6.THE OFFICER INCHERGE VILAKKUTHOON POLICE STATION, MADURAI. VILAKKUTHOON POLICE STATION, MADURAI.

+1. CC to M/S.K. PRABHU Advocate SR.No.64370