Sankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18211 of 2015 SANKAR ... PETITIONER / SOLE ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE AWPS, ALANGULAM, TIRUNELVLEI DISTRICT.

(CRIME NO. 13 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.SUSIKUMAR 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 the sole accussed, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 12 of the Protection of Children from Sexual Offences Act, in Crime No.13 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant, her daughter was mentally retarded girl aged about 16 years and on 12.09.2015 at 09.00 a.m., the accused was standing near her daughter and on seeing the de-facto complainant, he ran away from the place.

3. The learned counsel for the petitioner submitted that there is no specific allegation against the petitioner in the complaint and due to civil dispute, he has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) would submit that as per the statement of the de-facto complainant, on the date of occurrence, the accused have taken the daughter of the de-facto complainant and on seeing her, he ran away from the place.

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, Tenkasi 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. https://hcservices.ecourts.gov.in/hcservices/

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/- 12/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TENKASI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE AWPS, ALANGULAM,TIRUNELVLEI DISTRICT.

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

+1. CC to M/S.C.SUSIKUMAR Advocate SR.No.60729 sm:sks-rr:SAR II:14.10.2015:2P/6c

ORDER

IN CRL OP(MD) No.18211 of 2015 Date :12/10/2015 https://hcservices.ecourts.gov.in/hcservices/