Kasiyammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1298 of 2022

1. Kasiyammal

2. Muthulakshmi @ Kasthuri ... Petitioners/Accused 2 & 3 Vs State rep.by The Inspector of Police, All Women Police Station, Aranthangi, Pudukottai District.

(Crime No.1 of 2022).

... Respondent/Complainant For Petitioners: M/s.T.Lenin Kumar, Advocate. For Respondent : M/s.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 506 (i) IPC r/w 11(4), 12 of the Protection of Children from Sexual Offences Act, 2012, in Crime No.1 of 2022, seek anticipatory bail. 2.The case against the petitioners is that the first accused managed to get the phone number of the daughter of the defacto complainant and texted her regarding her love affair with her lover. Thereby, the first accused harassed the victim. When the same was brought to the knowledge of the petitioners, who are the mother and sister of the defacto complainant, the petitioners threatened the defacto complainant with dire consequences. The case in Crime No.1 of 2022 was registered against the petitioners under Sections 506(i) IPC r/w 11(4), 12 of the Protection of Children from Sexual Offences

Act, 2012. The petitioners filed this petition for anticipatory bail.

3.On the side of the petitioners it is stated that the prime accused A1 was already released on bail. The first petitioner is the mother and second petitioner is the sister of the first accused. The victim is aged about 17 years and she is doing teacher training. The allegation against the first accused is that he sent messages to the daughter of the victim girl by questioning about her lover and her pre-marital relationship with her lover. The petitioners are the relatives of the defacto complainant. The first accused is the cousin brother of the victim girl. The victim girl used to talk with various persons and as a brother, the first accused questioned the same. Hence, this false case has been foisted against the first accused. The petitioners have no connection with the case and pray them to release on anticipatory bail.

4.On the side of prosecution it is stated that the offence against the first accused is serious in nature. The petitioners are the mother and sister of the first accused and they abused the victim and her family members in filthy language. Hence, objected to the release the petitioners on anticipatory bail. 5.Considering the overt act against the petitioners, considering the fact that the petitioners are the female members and considering the fact that the prime accused was already released on bail, this Court is inclined to grant anticipatory bail to the petitioners on the following conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Mahila Judge, Pudukottai 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 Judge concerned and the petitioners shall appear before the concerned Court daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners shall appear before the concerned Judge within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

Sd/- 25/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM

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 MAHILA JUDGE, PUDUKOTTAI.

2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARANTHANGI, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.1298 of 2022 Date :25/01/2022 SP/JM/SAR II/31/01/2022/3P/4C