Perumal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.8272 of 2021 IN CRL OP.18218/2020 1 PERUMAL [ PETITIONERS/ACCUSED ] 2 DHANABAKKIYAM 3 BABYSHALINI Vs STATE REP BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, METTUR, SALEM DISTRICT.

(CRIME NO.07/2020) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the conditions No.6 imposed on the petitioners in Crl.O.P.No.18218/2020 order dated 07.01.2021 in Crime No.7/2020 and directing the petitioners to execute the sureties before the Special Court for the Exclusively Trail of the POCSO Act cases, Salem and thus render justice.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S S.PERIASAMY, Advocate for the Petitioner and of MR.A.GOPINATH Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- Vide order in CRL.O.P.No.18218 of 2020 dated 07.01.2021 this Court had granted anticipatory bail on certain condition that the petitioners be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned judicial Magistrate II, Mettur and on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum.

2. Learned Addl. Public Prosecutor appearing for the respondents submits that he has no objection to this court modifying the condition.

3. Learned Counsel for the petitioners submit that since the section of offence has been altered the case has been transferred to the POCSO Court and therefore, the petitioners may be permitted to appear before the special Court for Exclusively Trail of the POCSO Act cases and execute the sureties.

4. In view of the above submission, this Court is of the considered view that the prayer as sought for by the petitioners could be acceded to.

4. Accordingly, the condition insofar as appearance and execution of sureties as imposed by order dated 07.01.2021 alone stands modified and the petitioners are directed to execute the sureties before the Special Court for the Exclusively Trail of the POCSO Act Cases, Salem. All other conditions remain unaltered. -sd/- 25/08/2021 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 SPECIAL COURT FOR THE EXCLUSIVELY TRAIL OF THE POCSO ACT CASES, SALEM.

2 THE JUDICIAL MAGISTRATE II, METTUR.

3 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, METTUR, SALEM DISTRICT

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1C.C. to M/S S.PERIASAMY Advocate on payment of necessary charges SR.NO.9080 Order in CRL MP.8272/2021 in CRL OP.18218/2020 Date :25/08/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 16/09/2021