Rengaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21881 of 2015 RENGARAJ ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI DISTRICT.

(CR.NO. 16/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S P.SEPANA ALIAS SREE Advocate For Respondent : M/S.K.Anbarasan Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 19.08.2015 for the alleged offences punishable under Sections 5 (f), 5(1), 5(m) r/w Section 6 of POCSO Act, in Crime No.16 of 2015 on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that on 11.08.2015 the petitioner had sexual intercourse with the defacto complainant's daughter and the victim girl is aged about 6 years and she is studying second standard and it was found later in a medical examination at Government Hospital and thereby he got arrested by the respondent police. 3.The case of the petitioner is that the petitioner is working as a Teacher and he has not committed any offence.

The petitioner gave punishment to the victim girl, for eating rice and brought medicines to the school and by getting vengeance and in order to extract money from the petitioner, the defacto complainant foisted a false complaint. 4.The case of the petitioner is that he was not present in the scene of occurrence and he was On Duty as per the School records. The complaint was given only after 8 days on 19.08.2015. 5.The learned Government Advocate (Crl.side) submitted that the investigation is over. He further submitted that this Court, by the order dated 03.11.2015 dismissed the earlier petition filed by the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 6.From the materials it is seen that the petitioner is in judicial custody on 19.08.2015 and he has been suspended from service.

7.Considering the facts and circumstances of the case and also considering the fact that the petitioner had been suspended from service and he is judicial custody from 19.08.2015, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail 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 Fast Track Mahila Judge, Sivagangai and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. sd/- 24/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE FAST TRACK MAHILA JUDGE, SIVAGANGAI. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER INCHARGE, SUB JAIL, SIVAGANGAI. 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI DISTRICT.

+1. CC to M/S P.SEPANA ALIAS SREE Advocate SR.No. 66997. TS/24.11.2015/2P-6C/GSV-PM/SAR - I

ORDER

IN CRL OP(MD) No.21881 of 2015 Date :24/11/2015 https://hcservices.ecourts.gov.in/hcservices/