R. Ranganathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN R.RANGANATHAN ... PETITIONER/SOLE ACCUSED VS STATE REP. BY THE INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT , CRIME NO.284 OF 2019.

... RESPONDENT/COMPLAINANT For Petitioner : M/s.K.Sivabalan, Advocate.

For Respondent : Ms.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.284 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 01.12.2019 for the offences punishable under sections 448, 294(b), 324, 506(ii) of I.P.C., and Section 9(m), 10 of Protection of Children from Sexual Offences Act, 2012, and r/w Section 4 of TNPHW Act, in Crime No.284 of 2019 on the file of the respondent police. He seeks bail.

3. The victim girl is aged about 11 years. The petitioner is aged about 67 years.

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4.The petitioner's counsel states that the petitioner is having a son at Chennai and that, the petitioner would shift to Chennai and will not enter the locality where the victim is residing. He also gives an undertaking that he will totally keep off from the victim.

5.If this undertaking is breached, this Court will not hesitate to cancel this bail order and send him to custody. 6.Recording the undertaking of the petitioner that he would shift to Chennai and not reside in the locality where the victim is residing, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions; (i) the petitioner shall execute 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 Principal Sessions Court (Special Court for POCSO Act Cases), Tirunelveli. (ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation.

(iii) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 08/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS JUDGE, (SPECIAL COURT FOR POCSO ACT CASES), TIRUNELVELI.

2 THE INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-410[I] dated 08/01/2020 )

ORDER

IN CRL OP(MD) No.103 of 2020 Date :08/01/2020 RMI JM/VR/SAR 2/08.01.2020/3P/6C 3/3