Banu @ Jarinabanu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10823 of 2015 BANU @ JARINABANU ... PETITIONER / ACCUSED NO.7 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DT, CRIME NO.614/2013 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. B. JEYAKUMAR Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.7 was arrested and remanded to judicial custody on 04.06.2015 for the alleged offences punishable under Sections 5 and 7 Immoral Traffic Prevention Act, 1956 and Sections 120(b), 366(A), 372 and 373 IPC and Sections 3 and 4 of POCSO Act, 2012 in Crime No.614 of 2013 on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that the accused Nos.8 and 9 kidnapped the victim girl and handed over her to accused accused Nos.5 and 6 and the accused Nos.1 to 4 have running a brothel home. 3.The learned counsel for the petitioner submitted that the petitioner, who is arrayed as A7 said to have acted as a broker. He would further submit that the petitioner is an innocent lady and she has been falsely implicated in this case. He would also submitted that the petitioner was implicated only on the confession of the coaccused Mrs.Selvi and that except the petitioner other accused were arrested and released on bail and the occurrence is said to have been taken place in the year 2013.

4. Per contra, the learned Government Advocate (crl. side) appearing for the respondent police submitted that the petitioner is a native of Krishnagiri District and she has no permanent address and if she is enlarged on bail, she will not be available for trial. He has further submitted that the petitioner is the main accused in this case.

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5. Considering the fact that the occurrence has taken place in the year 2013 and the other accused were arrested and released on

bail, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on her 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 Sessions Fast Track Mahila Court, Virudhunagar District at Srivillputhur and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall furnish documents with regard to permanent address by producing ration card and voter identification card to the satisfaction of the concerned Judge.

sd/- 17/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SESSIONS FAST TRACK MAHILA COURT, VIRUDHUNAGAR DISTRICT AT SRIVIILLIPUTHUR.

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

3.THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. 4.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. +1. CC to M/S. B. JEYAKUMAR Advocate SR.No.31589

ORDER

IN CRL OP(MD) No.10823 of 2015 Date :17/06/2015 rg.18.06.2015 2p.6c.

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