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Madras High CourtCRL OP(MD)/1080/2022granted

Sakthiguru v. The Inspector Of Police

2022-02-03Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.1080 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.1080 of 2022 Sakthiguru ... Petitioner/Accused No.1 Vs The state represented by The Inspector of Police, Vilampatti Police Station, Dindigul District.

Cr.No. 2 of 2022.. ... Respondent/Complainant For Petitioner : M/s.Laxman.K.R., Advocate.

For Respondent : Mr.SS.MADHAVAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.2 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 7, 8, 16 and 17 of POCSO Act, in Crime No.2 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has harassed the defacto complainant in the name of proposing love on several occasions.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) submitted that the petitioner has harassed the victim girl for the last one year in the name of proposing love. He further submitted that the petitioner during the course of enquiry, the petitioner has given a statement statement that he will not disturb the victim girl or cause any kind of harassment to her in future. Even thereafter he continued to torture the victim girl.

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CRL OP(MD). No.1080 of 2022

5. Considering the facts and the circumstances of this case, the antecedents of the petitioner and his willingness to file an affidavit before the respondent police, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner are ordered to be released on bail in the event of arrest or their appearance, before the learned Mahila Fast Track Court, Dindigul, and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only)each, with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall file an undertaking affidavit before the concerned Police station that he will not disturb the victim girl or cause any kind of harassment to her in future. If there is any violation of affidavit or if any fresh case is registered against him, the bail granted by this Court shall stand cancelled automatically without any reference to the Court. sd/- 03/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDGE, MAHILA FAST TRACK COURT, DINDIGUL.

2 THE INSPECTOR OF POLICE VILAMPATTI POLICE STATION, DINDIGUL DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.LAXMAN K.R. Advocate SR.No.739

ORDER

IN CRL OP(MD) No.1080 of 2022 Date :03/02/2022 https://hcservices.ecourts.gov.in/hcservices/ SS/MS/SAR-I/11.02.2022 : 2P/5C 2/2