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Madras High CourtCRL OP(MD)/2248/2020granted

Alla Pitchai v. The Inspector Of Police

2020-02-11Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2248 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2248 of 2020 Alla Pitchai ... Petitioner/Accused No.1 Vs State Represented by The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

(Crime No. 522 of 2019 On the File of the Vadipatty Police Station, Madurai). ... Respondent/Complainant For Petitioner : Mr.S.M.A.Jinnah, Advocate For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.522 of 2019 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 section Girl Missing @ 366A of I.P.C., r/w Sections 5(1), 6, 16, 17 of POCSO Act, in Crime No.522 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The relationship between the petitioner and the victim appears to be rather consensual.

4.The petitioner's counsel, on instructions, states that the petitioner will take a demand draft for a sum of Rs.40,000/- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2248 of 2020 favouring the victim and enclose the same along with the surrender petition. The same will be handed over by the Court below through the respondent police to the victim directly. This will be a non refundable payment and without prejudice to the petitioner's defence in the trial.

5. Subject to this condition, I am 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 Judicial Magistrate, Vadipatty, and on his 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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. 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 shall stand dismissed.

sd/- 11/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, VADIPATTY, MADURAI DISTRICT.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT.

4. THE INSPECTOR OF POLICE, VADIPATTY POLICE STATION, VADIPATTY, MADURAI DISTRICT.

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

ORDER IN CRL OP(MD) No.2248 of 2020 Date :11/02/2020 RMI TE/JC/SAR-I : 17/02/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2