A.Mariyaselvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1299 of 2015 A.MARIYASELVAM ... PETITIONER/ ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DEVAKKOTTAI, SIVAGANGAI DISTRICT (CRIME NO.13 OF 2014) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SATHIAN Advocate For Respondent : MR.P.KANNITHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 17.11.2014 for the alleged offence under Sections 6 of Protection of Children from Sexual Offences Act,2012 in Crime No.13 of 2014 on the file of respondent police seeks bail.

2. It is submitted that the victim girl is mentally challenged and therefore, the learned Judicial Magistrate is not able to record her Statement under Section 164 Cr.P.C..

3. The learned counsel for the petitioner submits that the petitioner was arrested on 17.11.2014 and till date no final report has been filed.

4. If that is so, liberty is given to the petitioner to file a bail application under Section 167(2) Cr.P.C. before the trial court, which shall dispose the same on the same day after checking whether charge sheet has been filed in this case.

5.With the above direction, this petition is closed. sd/- 17/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DEVAKKOTTAI, SIVAGANGAI DISTRICT 2.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3.THE OFFICER INCHARGE, SUB - JAIL SIVAGANGAI.

+1. CC to M/S.M.SATHIAN Advocate SR.No.7356

ORDER

IN CRL OP(MD) No.1299 of 2015 Date :17/02/2015 RG.18.02.2015 2P.5C.

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