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Madras High CourtCRL OP(MD)/16062/2015allowed

K. Sarath Kumar v. The Inspector Of Police

2015-08-19Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16062 of 2015 K. SARATH KUMAR ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE PONMALAI POLICE STATION, TRICHY.

IN CR.NO. 399 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.GOKUL RAJ Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the sole accused in Crime No.399 of 2015 on the file of the respondent police was arrested and remanded to judicial custody on 14.07.2015 for the alleged offences punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012 and Section 506 (ii) IPC, seeks bail.

2.According to the defacto complainant, on 13.07.2015, the accused misbehaved with his son aged about 9 years. 3.The learned counsel for the petitioner submitted that both the accused and the defacto complainant are neighbours and due to previous enmity, a false complaint was given against the petitioner. He would further submit that he has been in judicial custody for more than 35 days.

4.The learned Government Advocate (Crl.side) submitted that major part of the investigation is over.

5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail 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 learned Judicial Magistrate No.V, Trichy and on further condition that the petitioner shall appear before the https://hcservices.ecourts.gov.in/hcservices/

respondent police daily at 06.00 p.m., for a period of two weeks and thereafter, as and when required, for interrogation. sd/- 19/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.V, TRICHY 2.THE CHIEF JUDICIAL MAGISTRATE TRICHY.

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

4.THE SUPERINTENDENT CENTRAL PRISON, TRICHY 5.THE INSPECTOR OF POLICE PONMALAI POLICE STATION,TRICHY.

+1. CC to M/S.S.GOKUL RAJ Advocate SR.No.47721

ORDER

IN CRL OP(MD) No.16062 of 2015 Date :19/08/2015 RG.19.08.2015 2P.7C.

https://hcservices.ecourts.gov.in/hcservices/