Madras High CourtCRL OP(MD)/17413/2015allowed

Siva @ Siva Subramaniyan v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17413 of 2015 SIVA @ SIVA SUBRAMANIYAN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR (CRIME NO.19 OF 2015) THE STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR (CRIME NO.19 OF 2015) ... RESPONDENTS / COMPLAINANTS For Petitioner : M/S N.SATHISH BABU Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A2, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 365, 417 and 376 of I.P.C., and Section 4 of POCSO Act 2012, in Crime No.11 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant, both the daughter of the de-facto complainant and the first accused are minors and the petitioner/A2 has arranged marriage for them and also their stay. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and the first accused was arrested and he is in juvenile home and the victim is also secured and now she is in the custody of her parents.

4.Heard the learned Government Advocate (Crl.side) appearing for the State.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sivakasi and on executing a bond for a sum of Rs.10,000/- https://hcservices.ecourts.gov.in/hcservices/

(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 09/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE SIVAKASI 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR (CRIME NO.19 OF 2015) 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAKASI (CRIME NO.11OF 2015) 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S N.SATHISH BABU Advocate SR.No.53046.

ORDER

IN CRL OP(MD) No.17413 of 2015 Date :09/09/2015 AM/11.09.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/