Jesuskumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2023 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Jesuskumar, ... Petitioner/Sole Accused

Vs The Inspector of Police, All Women Police Station, Pudukkottai, Thoothukudi District. (Crime No.11 of 2023). ... Respondent/Complainant For Petitioner : Mr.P.BANUPRASATH, 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.11 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner /accused who was arrested and remanded to judicial custody on

23.09.2023 for the offence under Sections 376(2) (n), 354C, 506(i) of IPC and Section 67 A of Information Technology Act, in Crime No.11 of 2023 on the file of the respondent police seeks bail.

¶2The case of the prosecution is that the petitioner and the defacto complainant are lovers and the petitioner morphed her photos and videos and also repeatedly raped her by threatening her that he will spread the obscene photos in the social media. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent and a false case has been foisted against him. He would further submit that the petitioner is in custody from 23.09.2023, hence he seeks bail.

¶4The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner threatened the defacto complainant by showing her obscene photos and also submitted that the investigation is almost over. He further submitted that no previous case is pending against the petitioner.

¶5Taking into consideration the facts and circumstances of the case and also the fact that no previous case is pending against the petitioner and also the investigation is almost over and also taking into consideration the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Court No.III, Thoothukudi, and on further conditions that: [b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [c] the petitioner shall report before the respondent police daily at 10.30 A.M., and

5.30 p.m., until further orders. [d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Judicial 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/-

10/11/2023

/ TRUE COPY /

10/11/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA TO 1 THE JUDICIAL MAGISTRATE COURT NO.III, THOOTHUKUDI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT JAIL, PERUVOORANI, THOOTHUKUDI DISTRICT. 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PUDUKKOTTAI, THOOTHUKUDI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.P.BANU PRASATH, Advocate ( SR-16182[I] dated 10/11/2023 ) ORDER IN CRL OP(MD) No.19004 of 2023 Date :10/11/2023 SA/SAR. /10.11.2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.