Palani Alias Palanikumar v. The State Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.15944 of 2015 PALANI ALIAS PALANIKUMAR ... PETITIONER/SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE, CHEKKANURANI POLICE STATION, MADURAI DIST.
CRIME NO. 284 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.BALAJI Advocate For Respondent : M/S.SPRABHA Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 9(M), 10 of Protection of Children from Sexual offence Act, 2012 in Crime No.284 of 2015 and hence, seeks anticipatory bail. 2.According to the prosecution, the accused tried to misbehave with her daughter aged about 11 years.
3. The learned counsel for the petitioner submitted that the defacto complainant and the petitioner are close relatives and two civil suits are pending between them. It is further submitted that even in the complaint it is referred that due to civil dispute, they are not in talking terms. The learned counsel would further submit that no such occurrence had taken place as alleged by the prosecution. 4.Heard the learned Government Advocate(Crl.Side) appearing for the State and also perused the entire materials available on record.
5. Considering the facts and circumstances, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Usilampatti, Madurai District, and on 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 Magistrate concerned 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 comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. https://hcservices.ecourts.gov.in/hcservices/
6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready failing which, the petition for anticipatory bail stands dismissed. sd/- 25/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI, MADURAI DISTRICT.
2. DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, CHEKKANURANI POLICE STATION, MADURAI DIST.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.BALAJI Advocate SR.No.48974
ORDER
IN CRL OP(MD) No.15944 of 2015 Date :25/08/2015 GJM/NGM/SS/SARII-1.9.15-2P-6C https://hcservices.ecourts.gov.in/hcservices/