Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22579 of 2015 KANNAN ..PETITIONER/SOLE ACCUSED Vs.

STATE THROUGH THE INSPECTOR OF POLICE PETTAI POLICE STATION, TIRUNELVELI DISTRICT.

CR. NO. 541/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.SIVA ILAYARAJA 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/sole Accused, who was arrested and remanded to judicial custody on 12.11.2015 for the alleged offence girl missing and subsequently @ under Section 6 of POSCO Act 2012 in Crime No.541 of 2015 on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the daughter of the defacto complainant was missing on 10.11.2015 and the respondent police registered a case for the alleged offence girl missing and subsequently it was found that the petitioner sexually abused her and the petitioner was arrested on 12.11.2015 and he was under judicial custody.

3. The case of the petitioner is that he is innocent and he has not committed any offence as alleged by the prosecution. The daughter of the defacto complainant and the petitioner are fell in love and for more than one year, they loved each other. There is no kind of sexual abuse as alleged by the defacto complainant. The defacto complainant objected the same and the victim girl was very much adamant to go with the petitioner and hence a false complaint has been given.

4.The learned Government Advocate (Crl.Side) submitted that the https://hcservices.ecourts.gov.in/hcservices/ petitioner has sexually abused the minor girl aged about 17 years and the investigation is pending.

5. Considering the facts and circumstances of the case, 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 learned Judicial Magistrate No.V, Tirunelveli and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m. and 05.00p.m. until further orders.

sd/- 18/12/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

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

4 THE OFFICER-IN-CHARGE, BORSTAL SCHOOL, NANGUNERI.

5 THE INSPECTOR OF POLICE PETTAI POLICE STATION, TIRUNELVELI DISTRICT.

+1. CC to M/S S.SIVA ILAYARAJA Advocate SR.No.72654 Akm/18.12.2015/ 2p- 7c/NGM/SS/SAR-I

ORDER

IN CRL OP(MD) No.22579 of 2015 Date :18/12/2015 https://hcservices.ecourts.gov.in/hcservices/