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Madras High CourtCRL OP(MD)/16486/2015allowed

Chocklingam v. The State Thr Ins Of Police

2015-09-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16486 of 2015 CHOCKALINGAM ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATIONS SATTUR,VIRUDHUNAGAR DISTRICT (CRIME NO 14 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.S.JEYAKARTHIK 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.14 of 2015 on the file of the respondent police, for the offences punishable under Section 452 of the Indian Penal Code read with Sections 7 and 8 of POCSO Act, 2012. The petitioner was arrested and remanded to judicial custody on 14.07.2015. He has come forward with this petition seeking bail.

2. According to the defacto complainant that on 13.07.2015 at 11.30 p.m., the accused had trespassed into the house and attempted to rape her daughter.

3. The learned counsel for the petitioner submitted that defacto complainant and the petitioner belonged to the same area and due to previous enmity, he has been falsely implicated in this case.

4. The learned Government Advocate (Criminal Side) submitted that the respondent has completed the investigation and also laid a charge-sheet, which is not taken on file and the petitioner has no bad antecedents.

5. Considering the submission of the learned counsel for the petitioner and the learned Government Advocate (Criminal Side), this court is inclined to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

6. Accordingly, the petitioner is directed to be released on bail, 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 Judicial Magistrate No.I, Sattur and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. sd/- 07/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, SATTUR.

2.THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.

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

4.THE STATE THR INS OF POLICE ALL WOMEN POLICE STATIONS,SATTUR VIRUDHUNAGAR DISTRICT 5.THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

+1. CC to M/S M.S.JEYAKARTHIK Advocate SR.No.52474

ORDER

IN CRL OP(MD) No.16486 of 2015 Date :07/09/2015 RG.08.09.2015/GSV/PM/SAR-II 2P/7C.

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