Bail application under Section 439 Cr.P.C. for arrest in a rape and criminal intimidation case. Interim bail earlier granted on condition of undergoing a DNA test was made absolute on compliance, with conditions including deposit of Rs.50,000 towards medical expenses, weekly police reporting for two months, and DNA test within one week.
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Crl.O.P. No. 11080 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.11080 of 2024
Sankar, S/o.Chinappa
.. Petitioner
Vs.
State represented by The Inspector of Police, Polur All Women Police Station (AWPS), Tiruvannamalai Dt. (Crime No.5 of 2024)
.. Respondent
PRAYER : Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.5 of 2024 on the file of the respondent police.
For Petitioner : Mr.E.Sathiyaraj For Respondent : Mr.V.Meganathan, Govt. Advocate (Crl. Side)
Crl.O.P. No. 11080 of 2024
O R D E R
The petitioner, who was arrested and remanded to judicial
custody on 14.04.2024 for the alleged offence under Section 376(2)(n), 376(2)(1), 506(1) of I.P.C. in Crime No.5 of 2024 on the file of the respondent police, seeks bail.
this court vide order dated 03.06.2024 is made absolute with certain
conditions that
Crl.O.P. No. 11080 of 2024
[a] the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees fifty thousand only) towards medical expenses into the credit of Crime No.5 of 2024 before the concerned Magistrate within a period of two weeks from the date of receipt of copy of this order and on such deposit, the defacto complainant is permitted to withdraw the amount on filing undertaking affidavit and on production of proper identification and acknowledgement;
[b] the petitioner shall go for a DNA test as per manner known to law within a period of one week from the date of receipt of copy of this order;
[c] the petitioner report before the respondent police on every Tuesday at 10.30 a.m. for another period of two months;
(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
Crl.O.P. No. 11080 of 2024
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];
25.07.2024
rpp
To
4/5
Crl.O.P. No. 11080 of 2024
T.V.THAMILSELVI, J.
rpp
Crl.O.P.No. 11080 of 2024
25.07.2024
1 issue framed by the court
Whether interim bail granted on condition of a DNA test should be made absolute upon the petitioner undertaking to comply.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaRelied on¶36
(2005)AIR SCW 5560 · Who else cites this
4 provisions across 3 enactments
Sankar, S/o. Chinappa
State represented by The Inspector of Police, Polur All Women Police Station (AWPS), Tiruvannamalai Dt.
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
