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Madras High CourtCRL OP(MD)/3514/2020granted

Karupayee v. The Inspector Of Police

2020-02-26Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.3514 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3514 of 2020 1.Karupayee 2.Backiyam ... Petitioners/Unknown Vs The State rep.by The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

Crime No.2 of 2020. ... Respondent/Complainant For Petitioners : M/s.A.Baskaran, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.2 of 2020 on the file of the respondent police.

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

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under section 363 of I.P.C., and Section 5(1), 6 and 17 of POCSO Act, 2012, and Sections, 9, 10 of the Prohibition of Child Marriage Act, in Crime No.2 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The primary allegations are directed only against the first accused. The first petitioner is the mother of A1, while the second petitioner is the son of A1.

4. Taking note of the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3514 of 2020 on bail in the event of arrest or on their appearance before the learned Special Judge, POCSO Court, Virudhunagar District at Srivilliputhur, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)each with two sureties each for a like sum to the satisfaction of the learned Special Judge, POCSO Court, Virudhunagar District at Srivilliputhur, and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioners shall appear before the concerned Court within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 26/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SPECIAL JUDGE, POCSO COURT, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.A.BASKARAN Advocate SR.No.4054

ORDER

IN CRL OP(MD) No.3514 of 2020 Date :26/02/2020 RMI TK/JC/SAR.2/04.03.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2