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Madras High CourtCRL OP/3938/2017granted

Manikandan v. The Inspector Of Police

2017-03-02Honourable Dr. Justice P. Devadass2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Second day of March Two Thousand Seventeen PRESENT The Hon`ble Dr. Justice P. DEVADASS CRIMINAL ORIGINAL PETITION No.3938 of 2017 MANIKANDAN [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] ALL WOMEN POLICE STATION, SOORAMANAGALAM, SALEM DISTRICT.

CR.NO.3/2017.

For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : MR. R. SEKAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petition for anticipatory bail in Crime No.3 of 2017.

2. Offences alleged are under Sections 11(1) and 12 of POCSO Act, 2012.

3. Heard both sides.

4. Grandfather of a minor girl, who is studying 10th standard in a Government School alleged that on 08.02.2017 at about 5.30pm near river bank, petitioner uttered words and also made sound with sexual intent. The complaint has been registered by Sooramangalam Police. On the same day, on intimation, the Sub Inspector of Police, Sooramangalam Police Station visited Government Hospital, Salem and recorded statement from petitioner that on the same day, near river bank in Vattakadu in Thekkampatti, one Kittu, an advocate son and Chinnapaiyan have beaten him in black and blue. There are two versions. Both the versions diametrically opposite to each other. It is a case and counter case.

5. Considering all the above aspects, I am inclined to grant him anticipatory bail.

6. Ordered as under:- (i) Anticipatory bail granted to the petitioner; (ii) Petitioner shall surrender before the learned Sessions Judge, Mahila Court, Salem within 15 days of receipt of a copy of the order;

(iii) Petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the said Magistrate;

(iv) Out of two sureties, mother of the petitioner shall stand as a surety.

(v) Petitioner shall appear before the respondent police as and when required for interrogation.

-sd/- 02/03/2017 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 LEARNED SESSIONS JUDGE, MAHILA COURT, SALEM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,SOORAMANAGALAM, SALEM DISTRICT.

+1CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.4056 CRL OP.3938/2017 Date :02/03/2017 EGR 07/02/2017