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Madras High CourtCRL OP(MD)/5225/2018granted

R.Shenbagamoorthy, v. The Inspector Of Police,

2018-04-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5225 of 2018 R.SHENBAGAMOORTHY, ... PETITIONER/ACCUSED NO.3 Vs STATE THROUGH THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI.

(IN CRIME NO.556 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MALAIKANI Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(1), (n), (j)ii, 6 and 13 and 14 of the Protection of Children from Sexual Offences Act and Sections 294(b), 323 IPC in Crime No.556 of 2016, seeks anticipatory bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police.

3.The petitioner herein gave sexual torture to the daughter of the de facto complainant. The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that there is no previous case registered against the petitioner herein. 4.Considering the nature of allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Manamadurai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that https://hcservices.ecourts.gov.in/hcservices/

the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 5.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 05/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI.

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

+1. CC to M/S.S.MALAIKANI Advocate SR.No.5467 GNS GJM/CSL/RR/SAR-4-16.4.18-2P-6C

ORDER

IN CRL OP(MD) No.5225 of 2018 Date :05/04/2018 https://hcservices.ecourts.gov.in/hcservices/