D. Arun Selvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fifth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18299 of 2015 1 D. ARUN SELVAM 2 M. RAJARAM 3 S. PALANIAPPAN ..PETITIONERS/ACCUSED 1 TO 3 Vs.

THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI.

CR.NO.30 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.K.APPADURAI 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 petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 343, 294(b), 324 IPC r/w Section 12 of the POCSO Act, 2012 in Crime No.30 of 2015 and hence, seek anticipatory bail. 2.According to the defacto complainant, she joined as an employee in Krishna Spinning Mill at Thiruppur on 25.08.2015 and due to the heat generated from the mill, she is not able to work and she sought for alternative employment, but she was also assaulted by the accused for not doing the work.

3. The learned counsel for the petitioners submitted that the occurrence is said to have been taken place on 25.08.2015, however, the complaint was given on 15.09.2015 i.e after lapse of 20 days without proper explanation. It is further submitted that the defacto complainant has received advance amount from the accused. When this was asked by the accused, a false complaint was given against them.

4. The Government Advocate (Crl. Side) appearing for the State submitted that the injured was discharged from the hospital and the petitioners have no bad antecedents.

5. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate, Theni, and on each of them executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction to the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police at 10.00 a.m for two Saturdays and two Sundays and thereafter, as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioners 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/- 25/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE THENI.

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

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI.

+1. CC to M/S.K.APPADURAI Advocate SR.No.56621 Akm/30.09.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.18299 of 2015 Date :25/09/2015 https://hcservices.ecourts.gov.in/hcservices/