Balakrishnan v. The Inspector Of Police

CRL OP(MD). No.2329 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.2329 of 2022 Balakrishnan ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

Crime No.56 of 2021.

... Respondent/Complainant For Petitioner : Mr.T.Aurl, Advocate.

For Respondent : Mr.Ss.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.56/2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who were arrested on 30.11.2021 for the alleged offence under Sections 451 of IPC r/w 7 and 8 of POCSO Act, in Crime No.56 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 24.11.2021 at about 5.30 p.m., the petitioner suddenly entered into the house of the victim girl and sexually assaulted her. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 30.11.2021.

4.Considering the facts and circumstances of this case, most of the investigation might have been over and also the fact that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2329 of 2022 petitioner is entitled to statutory bail, this Court is inclined to grant bail to the petitioner with certain conditions. 5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Special Court for Exclusive Trial of Cases under POCSO Act, Kanyakumari, Nagerkovil and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 04/02/2022 / TRUE COPY / 04/02/2022 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 SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, KANYAKUMARI AT NAGERCOIL.

2 THE OFFICER INCHARGE, SUB-JAIL, NAGERCOIL.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT.

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

+1. CC to MR.T.AURL Advocate SR.No.771.

ORDER

IN CRL OP(MD) No.2329 of 2022 Date :04/02/2022 TTA MK/VR/SAR.II/04.02.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2