Madras High CourtCRL OP(MD)/3816/2020granted

Thirunavukarasu v. The Inspector Of Police

2020-02-28Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.3816 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3816 of 2020 Thirunavukarasu ... Petitioner/Accused Vs The State rep.by The Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

Crime No.143/2019 ... Respondent/Complainant For Petitioner : M/s.P.Ganapathi Subramanian, Advocate.

For Respondent : Ms.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- FOR BAIL IN CRIME NO.143/2019 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitoner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 25.05.2019 for the offences punishable under section 5(1) r/w Section 6 of POCSO Act and Section 506(1) of I.P.C., in Crime No. 143 of 2019 on the file of the respondent police. He seeks bail.

3. The petitioner's counsel states that the principal prosecution witnesses have already been examined. The petitioner gives an undertaking that he will appear before the respondent daily twice at 09.00 a.m., and again at 07.00 p.m., till the case is concluded.

4.Subject to this condition, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

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CRL OP(MD). No.3816 of 2020 (i) the petitioner shall execute 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 Sessions Judge, Mahila Court, Pudukkottai.

(ii) the petitioner is directed to appear before the respondent Police daily twice at 09.00 a.m., and again at 07.00 p.m., till the case is concluded.

(iii) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 28/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SESSIONS JUDGE, MAHILA COURT, PUDUKKOTTAI.

2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT.

3.THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

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

+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.4430

ORDER

IN CRL OP(MD) No.3816 of 2020 Date :28/02/2020 RMI TK/PN/SAR.2/28.02.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2