Madras High CourtCRL OP(MD)/19273/2015allowed

Rajaguru v. The Insepector Of Police

2015-10-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19273 of 2015 1 RAJAGURU 2 PANDI 3 SELVI ..PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs.

STATE REP.BY THE INSEPECTOR OF POLICE PANDALKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR. NO.137 OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.V.SARAVANKUMAR Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are the accused in Crime No.137 of 2015 for the offences punishable under Sections 4(2)(c), 5, 6, 7 of ITP Act, 1956 and Section 370 IPC @ Sections 4(2)(c), 5, 6, 7 of ITP Act, 1956 and Section 370 of IPC r/w Sections 5, 6 of POCSO Act on the file of the respondent Police, were arrested and remanded to judicial custody on 09.08.2015. They seek bail.

2.According to the de facto complainant, the accused were running a brothel home and on 09.08.2015, the respondent Police seized Rs.2,500/-, two cell phones and 3 condom pockets.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. It is further submitted that the petitioners are in judicial custody for more than 55 days.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police has objected for granting bail to the petitioners and submitted that the victim is a minor and now she is in Home and major part of the investigation is over.

5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail 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 Judicial Magistrate, Aruppukottai and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders.

sd/- 07/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSEPECTOR OF POLICE, PANDALKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

5 THE OFFICER IN CHARGE, SUB JAIL, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT. 6 THE OFFICER IN CHARGE, SUB JAIL, NILAKOTTAI, DINDIGUL DISTRICT. +1. CC to M/S.V.SARAVANKUMAR Advocate SR.No.58941 ORDER IN CRL OP(MD) No.19273 of 2015 Date :07/10/2015 PBK/SK-SKN/SAR-I 07/10/2015 ::2P-8C::

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