Sathish, M/A 27 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.A.No.305 of 2018 Sathish ... Appellant/Accused .. Vs ..
State Rep. by Inspector of Police, All Women Police station, Ranipet, Vellore District.
... Respondent/Complainant PRAYER: Criminal Appeal filed under Section 14 (A) (2) of SC/ST Act, 1989, against the dismissal of the bail petition filed by them before the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Vellore, Vellore District in Crl.M.P.No.287 of 2018, dated 17.05.2018.
For Appellant : Mr.E.Kannadasan For Respondent : Mr.R.Surya Prakash, Government Advocate
ORDER
This Criminal Appeal is directed against the order of dismissal of the bail petition filed by the appellant before the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Vellore, Vellore District, in Crl.M.P.No.287 of 2018, dated 17.05.2018.
2. According to the prosecution, on promising to marry the victim girl, the appellant/accused had sexual intercourse with her and subsequently, he has refused to marry her and hence, the victim girl has given a complaint and on the basis of the said complaint, a case was registered by the respondent police in Crime No.6 of 2018 for the offences punishable under Sections 4 and 8 of the Protection of Child From Sexual Offences Act, 2012 [POCSO Act] and the investigation in this case has crossed the stage of the medical examination of both the victim girl and the accused.
3. Learned counsel appearing for the appellant/accused would contend that the appellant is in custody for more than 60 days and subsequently, part of the investigation is over.
4. Learned Government Advocate has brought to my knowledge about the First Information Report and the contents of the F.I.R. and also the orders passed by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Vellore.
5. After going through the records, taking note of the fact that substantial investigation is over and medical examination is also over and the charge sheet is going to be filed, I am inclined to grant bail to the appellant/accused.
6. Accordingly, the dismissal order passed by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Vellore, Vellore District, in Crl.M.P.No.287 of 2018, dated 17.05.2018, is set aside and the Criminal Appeal is allowed and the appellant/accused is ordered to be released on bail on his executing 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 District Munsif-cum-Judicial Magistrate, Ranipet, and on further condition that the appellant/accused shall appear before the said Court on the first working day of every month at 10.30 a.m.
Sd/- Assistant Registrar(CS V) //True copy// Sub Assistant Registrar Jrl To 1.
The Sessions Judge, Magalir Neethimandram Fast Track Mahila Court, Vellore, Vellore District.
2.
The District Munsif cum Judicial Magistrate, Ranipet.
3.
The Inspector of Police, All Women Police station, Ranipet, Vellore District.
4.
The Public Prosecutor, High Court, Madras.
5.
The Superintendent, Central Prison, Vellore.
+1cc to Mr.E.Kannadasan, Advocate SR.No.42688 Crl.A.No.305 of 2018 KGK(CO) GN(04/07/2018)