Karthick vs The State
2022 Latest Caselaw 18034 Mad

Citation : 2022 Latest Caselaw 18034 Mad
Judgement Date : 5 December, 2022

Madras High Court

Karthick vs The State on 5 December, 2022

                                                                        CRL.R.C(MD)No.787 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 05.12.2022

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                            Crl.A(MD)No.787 of 2022

                     Karthick                                    ... Petitioner / Sole Accused
                                                     Vs.

                     1. The State, represented by
                        The Deputy Superintendent of Police,
                        Office of the Deputy Superintendent of Police,
                        Keeranur,
                       Pudukkottai District.                    ... 1st Respondent

                     2. The Inspector of Police,
                        Keeranur All Women Police Station,
                        Pudukkottai District.
                       (Crime No.28 of 2022)               ... 2nd Respondent / Complainant

                     3. Xxxxx,
                                                            ... 3rd Respondent / Defacto
                                                                                Complainant


                     Prayer: This Criminal Appeal has been filed under Section 14 (A) (2)
                     SC/ST (Amendment Act) of 2014, to set aside the order made in
                     Crl.M.P.No.1005 of 2022 on the file of the learned Sessions Judge
                     (Mahila Court), Pudukkottai, dated 03.11.2022 and allowed the appeal
                     and enlarge the appellant on bail.




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                                                                              CRL.R.C(MD)No.787 of 2022

                                        For Appellant      : Mr. V.Selvakumar

                                        For R1 and R2       : Mr. M.Sakthi Kumar
                                                              Government Advocate (Crl.Side)

                                       For R3               : Mr. S.Paul Murugesh

                                                          JUDGMENT

This Criminal Appeal has been filed to set aside the order made in

Crl.M.P.No.1005 of 2022 on the file of the learned Sessions Judge

(Mahila Court), Pudukkottai, dated 03.11.2022 and allowed the appeal

and enlarge the appellant on bail.

2. The learned counsel for the victim and the learned Government

Advocate (Crl.Side) would submit that the victim girl is six month

pregnant and the compromise arose between the parties.

3. The learned Counsel for the appellant would submit that two

First Information Report has been registered against the Appellant. After

the victim girl attaining her majority in three months, the appellant is

ready to marry her.

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CRL.R.C(MD)No.787 of 2022

4. Recording the submission made by the both sides, this Criminal

Appeal is allowed and the order dated 03.11.2022 made in Crl.M.P.No.

1005 of 2022 on the file of the learned Sessions Judge (Mahila Court),

Pudukkottai, is set aside. The appellant is ordered to be released on bail

on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand

only) each, with two sureties, each for a like sum to the satisfaction of the

learned Sessions Judge (Mahila Court), Pudukkottai and on further

conditions that:

[a]the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Sessions Judge may obtain a copy of their valid identity card to ensure their identity.

[b]the appellant shall report before the respondent police daily at 10:30 a.m., until further orders.

[c]the appellant shall not tamper with evidence or witness either during investigation or trial.

[d]the appellant shall co-operate with the investigation.

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CRL.R.C(MD)No.787 of 2022

[e]On breach of any of the aforesaid conditions, the learned Sessions Judge/Trial Court is entitled to take appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellant released on bail by the learned Sessions Judge/Trial Court himself/herself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh First Information Report can be registered under Section 229-A IPC.

7.The appellant has also filed an undertaking affidavit that he will

not give any trouble to the defacto complainant in future. If any new case

is registered against the appellant, the order of bail granted by this Court

in this appeal shall stands cancelled automatically.

05.12.2022

Index : Yes / No Internet : Yes/ No indu

(Note :- Issue order copy on 06.12.2022)

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CRL.R.C(MD)No.787 of 2022

To:

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Keeranur, Pudukkottai District.