Ithrish Khan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17386 of 2015 1 ITHRISH KHAN 2 THOUBEEQU KHAN ... PETITIONERS/ACCUSED 1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, CUMBUM, THENI DISTRICT.

IN CRIME NO. 346 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioners : M/S K.ASOK KUMAR RAM Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 and 2, in Crime No.346 of 2015 on the file of the respondent police, were arrested on 24.07.2015 for the alleged offences punishable under Section 6 of POCSO Act, 2012 and hence, seek bail.

2. The case of the prosecution is that the accused have taken the de-facto complainant and abused him sexually and also threatened him with dire consequences.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the petitioners have been incarceration for more than 45 days.

4. The learned Government Advocate (Crl.side) vehemently opposed the granting of bail to the petitioners contending that frequently the victim was abused by the accused and A3 is still absconding.

5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain https://hcservices.ecourts.gov.in/hcservices/ conditions. Accordingly, the petitioners are ordered to be released

on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Sessions Judge (Fast Track Mahila Court), Theni and on further condition that the petitioners shall appear before the respondent police daily twice at 10.00 a.m. and 5.00 p.m. until further orders.

sd/- 08/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE SESSIONS JUDGE (FAST TRACK MAHILA COURT), THENI.

2 -DO-THRO' THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, THENI.

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

4 THE OFFICER-IN-CHARGE, SUB- JAIL, MELUR.

5 THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, CUMBUM, THENI DISTRICT.

+1. CC to M/S K.ASOK KUMAR RAM Advocate SR.No.52429 Akm/08.09.2015 /2p-7c/

ORDER

IN CRL OP(MD) No.17386 of 2015 Date :08/09/2015 https://hcservices.ecourts.gov.in/hcservices/