V.Rajeswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR V.Rajeswari ... Petitioner/3rd Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Thirupparankundram, Madurai.

(Crime No.2 of 2021) ... Respondent/Complainant For Petitioner : Mr.N.Jothivel, Advocate.

For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.2 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 5(I), 6, 16 and 17 of Protection of Child from Sexual Offences Act, 2012, in Crime No.2 of 2021 on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that A1 and the defacto complainant came to the house of the petitioner to celebrate the birthday party and at that time, they got married. Hence, the present complaint.

4. The learned counsel for the petitioner submitted that A1 and the defacto complainant came to her house and celebrated the birthday party. She does not know about the marriage. 1/3

5. The learned Government Advocate (Crl. Side) submitted that the shelter was offered by the petitioner for the couple and on coming know about the present complaint, the petitioner advised the defacto complainant and A1 to go home.

6. In view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Special Court for Exclusive Trial of Cases under POCSO Act, Madurai, on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)The petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police as and when required for interrogation.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 17/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, MADURAI.

2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPPARANKUNDRAM, MADURAI.

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

+1 CC to Mr.N.JOTHIVEL, Advocate ( SR-1166[I] dated 18/02/2021 )

ORDER

IN CRL OP(MD) No.1614 of 2021 Date :17/02/2021 ias MS/PN/SAR-2/24.02.2021/3P.5C 3/3