Madras High CourtCRL OP/977/2022interim bail

P.Sugumar v. State Rep By

2022-01-12Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.977 of 2022 P.Sugumar ... Petitioner

Versus

The State rep. by The Inspector of Police, All Women's Police Station, Palladam, Tiruppur.

(Crime No.12 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 439 of the Code of Criminal Procedure, to enlarge the petitioner on bail in respect of Crime No.12 of 2021 on the file of the All Women's Police Station, Palladam, Tiruppur.

For Petitioner :

Mr.Balaji Thirumoorthy For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side) *********

ORDER

The petitioner who was arrested and remanded to judicial custody on 25.11.2021 for the offences under Section 366 of IPC, Sections 5 (i) 5(j)(ii) and 6 of Protection of Children from Sexual Offence Act, 2012, on the file of the respondent Police seeks bail.

2. The case of the prosecution is that the petitioner got love affair with the minor girl and and they got married. Hence the complaint.

3. The learned Counsel for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration for more than 2 months from 25.11.2021. Hence, he seeks to grant bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) on instructions submits that the investigation was almost completed and the minor girl is staying in Sneha home. He further submits that the statement of the victim girl under Section 164 Cr.P.C has been recorded. . However, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that petitioner is ready to take care of the victim girl in future, this court is inclined to grant interim bail to the petitioner till 15.03.2022 on condition that the petitioner shall file an undertaking affidavit before the Superintendent of Central Prison, Coimbatore and the Court below to the effect that the petitioner is ready to take care of the victim girl, .

6. Post the matter on 15.03.2022 for producing the copy of the documents.

-sd/- 12/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PALLADAM, TIRUPUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.BALAJI THIRUMOORTHY Advocate on payment of necessary charges SR.No.656 CRL OP.977/2022 Date :12/01/2022 CSK 19/01/2022 https://hcservices.ecourts.gov.in/hcservices/