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Madras High CourtCRL OP(MD)/17430/2015allowed

K. Nagarajan v. The Inspector Of Police

2015-09-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17430 of 2015 K. NAGARAJAN ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO. 315 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S A.SURESHBABU Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 366(A), 376 of IPC r/w 5(L), 6 of The Protection of Children from Sexual Offence (POCSO) Act of 2012, in Crime No.315 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the defacto complainant V.Petchiammal, her daughter was kidnapped by the accused and sexually harassed. 3.

The learned counsel for the petitioner submitted that this is a case of love affair and the daughter of the defacto complainant on her own volition joined with petitioner and after the complaint, she is now rescued by the respondent police and produced before this Court in H.C.P. (MD)No.1216 of 2015 and she is residing with her parents. 4.The learned Government Advocate(Crl.side) submitted that the victim girl is secured and this is a case of love affair and it is further submitted that there is no sexual harassment by the accused. 5.Considering the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned **The Fast Track Mahila Court, Srivilliputhur, Virudhunagar District and 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 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.

6. The petitioner shall appear before the concerned Court 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/- 22/09/2015 **Amended as per order dt.08.10.2015 Time is extended for a period of one week from the date on which the order copy /TRUE COPY/ is made ready to execute sureties Sub-Assistant Registrar(C.S) https://hcservices.ecourts.gov.in/hcservices/

TO (To Be Substituted for the order already despatched) 1 ** THE FAST TRACK MAHILA COURT, SRIVILLIPUTHUR, VIRUDHUANAGAR DISTRICT. 2 THE JUDICIAL MAGISTRATE, SIVAKASI, VIRUDHUNAGAR DISTRICT 3 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTHUR. 4 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 5 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S A.SURESHBABU Advocate SR.No.59718 ORDER IN CRL OP(MD) No.17430 of 2015 Date :22/09/2015 PBK/AAL-MPA/SAR-II 25/09/2015 ::2P-6C::

AA/KBM/SAR-II/13.10.2015/2p-7c https://hcservices.ecourts.gov.in/hcservices/