Madras High CourtCRL OP/7402/2021granted

M.Chellamuthu v. State Rep By

2021-05-05Honourable Mr Justice G.R.Swaminathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.05.2021 CORAM :

THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.No.7402 of 2021 M.Chellamuthu ... Petitioner Vs.

State Rep. by The Inspector of Police, Veerapandi Police Station, Tiruppur City (Crime No.80 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail pending investigation in Crime No.80 of 2021 on the file of the Respondent Police.

For Petitioner : Mr.J.Franklin For Respondent : Mr.Charles Premkumar Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) Heard the learned counsel on either side.

2. The petitioner is in custody since 18.03.2021 for the offences under Sections 366 of IPC and Section 5(1) r/w 6 of Protection of Children from Sexual Offence Act 2012 and Section 9 of Child Marriage Act 2006 in Crime No.80 of 2021.

3. Though, it is technically a case arising under POCSO Act, on a perusal of the FIR, it appears to be a case of love affair. The petitioner is aged 21 years and the victim is aged 17 years. I am of the view that the continued incarceration of the petitioner will not serve any purpose. Hence, bail is granted to the petitioner. Accordingly, the petitioner is ordered to be released on bail by executing a own 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 Magalir Neethimandram, Tiruppur.

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4. With the above directions, this Criminal Original Petition is ordered.

-sd/- 05/05/2021 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 MAGALIR NEETHIMANDRAM, TIRUPPUR.

2 THE INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, TIRUPPUR CITY.

3 THE OFFICER INCHARGE, SUB JAIL, TIRUPPUR.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.FRANKLIN Advocate on payment of necessary charges CRL OP.7402/2021 Date :05/05/2021 MN-06/05/2021 https://hcservices.ecourts.gov.in/hcservices/