Siva @ Chokkanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22195 of 2015 SIVA @ CHOKKANATHAN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT, CR NO.06 OF 2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S K.ASOK KUMAR RAM Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A1, in Crime No.06 of 2015 on the file of the respondent police, was arrested on 09.05.2015 for the alleged offences punishable under Sections 366(A) of I.P.C., 4 of Production of Chid Sexual Offence Act @ 366 (A) of I.P.C., and Section 4 of POCSO Act and 3(2) (V) of SC/ST Act (Amendment Ordinance 2014 and 4(2)(c) and 5(1)(d) of ITP Act and hence, seeks bail.

2. The case of the prosecution is that on 07.05.2015 the defacto complainant 's daughter viz., Brindha and A2 Menaga Devi had gone to toilet at 08.30 p.m.. At that time, A1 and A3 were waiting for their arrival with car on the way to toilet, when A2 and the victim girl crossed the car, A2 pushed the victim girl inside the car and immediately, A1 and A3 rushed the car with the victim girl and they gave sexual harassment to the victim and the victim girl returned the home only on the next day early morning at 03.00 a.m.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and the petitioner is not a habitual offender and by order dated 02.11.2015, this Court has set aside the detention order passed against the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4.Heard the learned Government Advocate (Crl.side) appearing for the State.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 09.05.2015 and the detention order passed against the petitioner was set aside, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail 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 Mahalier Court (Fast Track Mahila Court) Dindigul District and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., and 05.00 p.m., until further orders.

sd/- 02/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE MAHALIER COURT (FAST TRACK MAHILA COURT) DINDIGUL DISTRICT.

2 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KODAIKANAL,DINDIGUL DISTRICT +2. CC to M/S O.AYYAR, Advocate SR.No.68758

ORDER

IN CRL OP(MD) No.22195 of 2015 Date :02/12/2015 RG.DP/JGB/SAR-II 02.12.2015 2P.7C https://hcservices.ecourts.gov.in/hcservices/