Thangamani v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Thangamani, ... Petitioner/Accused No.3 Vs

1. The Deputy Superintendent Of Police,

2. The Inspector of Police, All Women Police Station, Sivagangai District.

(Crime No.1/2020).

... Respondent/Complainant

3. Alagumeenal, ... Respondents/Defacto Complainants For Petitioner : M/s. B. Santhanam Rajeshkumar, Advocate.

For Respondents : Mr.A.Robinson, Govt. Advocate (Crl.Side) for R1 & R2 PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 1/2020 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 respondents 1 and 2.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 366(A), 506(ii) and 294(b) of I.P.C., Section 5(1) r/w. 6 of Protection of Child 1/3

from Sexual Offences Act and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.1 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The primary allegations are only against A1/Suresh. The petitioner is only the maternal uncle of A1 and he is said to have threatened the victim. The petitioner's counsel on instructions states that the petitioner completely will keep away from the victim. If this condition is breached, this Court will not hesitate to cancel the relief of anticipatory bail. It is made clear that this order of granting relief to the petitioner herein will not enure to the benefit of A1. The respondent police is to intimate the Court hearing the bail as and when it is taken up.

4. In view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Special Court for POCSO Act Cases, Sivagangai, and on his 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 Court concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioner shall appear before the concerned Court within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 27/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. The Special Court for POSO Act, Sivagangai.

2. The Deputy Superintendent Of Police, 2/3

3. The Inspector of Police, All Women Police Station, Sivagangai District.

4. Alagumeenal, D/o. Perumal, Alagarpuram Colony, Karuppur, Thirupathur,

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.SANTHANAM RAJESH KUMAR, Advocate ( SR-1582[I] dated 28/01/2020 ) ORDER IN CRL OP(MD) No.895 of 2020 Date : 27/01/2020 TR/SKN/S-II(31.01.2020) 3P 7C 3/3