Madras High CourtCRL OP(MD)/10094/2015disposed of

N. Ayyappan v. The Inspector Of Police

2015-06-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.10094 & 10101 of 2015 N. AYYAPPAN ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD)NO.10094/2015 MANOJ ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD)NO.10101/2015 Vs STATE REP.BY THE INSPECTOR OF POLICE KOTTAR POLICE STATION, KANYAKUMARAI DISTRICT.

CR.NO.183 OF 2015 ... RESPONDENT/COMPLAINANT IN BOTH PETITIONS For Petitioners : M/S.S.XAVIER RAJINI Advocate in both petitions For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) in both petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 365, 324 I.P.C and Section 8 of POCSO Act, 2012 in Crime No.183 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the victim, who is studying 8th standard is sexually abused by the accused. 3.The learned counsel for the petitioners submitted that the petitioners name does not found place in the First Information Report and the main accused was arrested and released on bail in Crl.M.P.No.154 of 2015 on 27.03.2015 and even the allegation against the other accused is that they were standing out side the scene of occurrence. 4.The learned Government Advocate (Crl.side) submitted that the case was registered on the complaint given by one Ahamed Boyes and he https://hcservices.ecourts.gov.in/hcservices/ had alleged that the accused had kidnapped him on 13.03.2015 and sexually abused him.

5.Considering the nature of the allegation, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Fast Track Mahila Court, Nagercoil, Kanyakumari District and on each executing 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 08/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE FAST TRACK MAHILA COURT, NAGERCOIL,KANYAKUMARI DISTRICT.

2 THE INSPECTOR OF POLICE KOTTAR POLICE STATION, KANYAKUMARAI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to M/S.S.XAVIER RAJINI Advocate SR.Nos.28710 & 28711

ORDER

IN CRL OP(MD) Nos.10094 & 10101 of 2015 Date :08/06/2015 PA/PPS/11.06.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/