Pitchaimani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.39 of 2017 PITCHAIMANI ... PETITIONER / ACCUSED Not Known Vs STATE REP BY THE INSPECTOR OF POLICE KARAIKUDI ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT, CR NO.21 OF 2016.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.JEYAPRAKASH Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 02.12.2016 for the offences punishable under Sections 5(1)(a), 6(1)(a) of ITP Act and 370(A)(5), 373 IPC and Section 17 of POSCO Act @ 5(1)(1), 6(1) of ITP Act and 370(A)(5), 373 IPC and 17 of POSCO Act, 2012 r/w 3(i)(w - I, II), 3 (ii)(v)(a) of SC / ST (POA) Act, in Crime No.21 of 2016 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that one Pagampriyaal, aged about 13 years, gave a complaint, stating that while she was working as Home Maid in the first accused, she asked the victim to have sex with her customers and instigated for the same and the petitioner has also exploited the victim girl sexually.

3.The learned counsel for the petitioner would submit that A1 and A2 were already released on statutory bail by the Fast Track Mahila Court, Sivagangai and the petitioner name was not mentioned in the FIR and based on the confession of the victim before the Judicial Magistrate, the petitioner's name was implicated. 4.The learned Government Advocate(Crl. Side) submitted that A5, A6, A8, A12 and A15 were arrested and released on bail by this https://hcservices.ecourts.gov.in/hcservices/

Court. He further submitted that the name of the petitioner was not mentioned in the FIR and investigation is almost over. 5.Considering the facts and circumstances of the case and considering the fact that the investigation is almost completed, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

(i)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 Fast Track Mahila Court, Sivagangai;

(ii)the petitioner is directed to appear before the respondent police daily at 10.30 a.m. until further orders; (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial;

(v)on breach of any of the aforesaid conditions, the 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 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].

sd/- 04/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE FAST TRACK MAHILA JUDGE,SIVAGANGAI.

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

3.THE INSPECTOR OF POLICE KARAIKUDI ALL WOMEN POLICE STATION, KARAIKUDI,SIVAGANGAI DISTRICT.

4.THE OFFICER INCHARGE, SUB JAIL,PUDUKKOTTAI +1. CC to M/S.C.JEYAPRAKASH Advocate SR.No.583

ORDER

IN CRL OP(MD) No.39 of 2017 Date :04/01/2017 NBJ RUM/SKN/SAR 3/04.01.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/