Madras High CourtCRL OP(MD)/17332/2017dismissed

Buvanesh v. The Inspector Of Police

2017-12-19Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.17332 of 2017 Buvanesh ... Petitioner/Petitioner Vs.

State rep. by The Inspector of Police, Fort All Women Police Station, Trichy, (Crime No.14/2017) ... Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 439(1) (b) of the Code of Criminal Procedure, to call for the entire records relating to the order passed in Cr.M.P.No.512 of 2017 dated 29.11.2017 passed by the learned Sessions Judge, Mahila Court Trichy and modify the condition imposed therein. For Petitioner : Mr.T.Senthil Kumar For Respondent : Mr.K.Anbarasan Government Advocate (Crl.side)

ORDER

The petitioner filed this petition to call for the entire records relating to the order passed in Cr.M.P.No.512 of 2017 dated 29.11.2017 passed by the learned Sessions Judge, Mahila Court Trichy and modify the condition imposed therein. 2.The petitioner was implicated in the offence under Section 294(b), 354(b)(d), 506(ii) of I.P.C and Section 12 of Protection of Child from Sexual Offences Act.

3. The petitioner and his brother restrained the victim girl and pulled her chudhidhar from her shoulder and enacted the victim girl, thereby, the victim girl filed a complaint before the respondent police. The Lower Court after considering the matter elaborately and granted bail to the petitioner on following conditions.

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"(i) the petitioner/accused shall execute a bond for a sum of Rs.1,00,000/- with two sureties each for a like sum to the satisfaction this Court.

(ii) the original title deeds or the patta of the properties to be given as surety as well as the insolvency certificate given by the Tahsildar have to be produced in the Court for verification.

(iii) the petitioner accused shall appear before the respondent police daily at 10.00 a.m. until further orders".

4. On perusal of the above order, I do not find any error in the order passed by the learned Sessions Judge, Mahila Court, Trichy. Since the petitioner has committed a serious offence, I am not inclined to modify the order passed by the learned Sessions Judge, Mahila Court, Trichy. Accordingly, this petition is dismissed.

sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar rmi To 1.The Sessions Judge, Mahila Court Trichy.

2.The Inspector of Police, Fort All Women Police Station, Trichy.

3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.T.Senthil Kumar, Advocate in SR.No.93694 RMI GJM/CM/SAR-2-4.1.2018-2P-5C Crl.O.P.(MD)No.17332 of 2017 19.12.2017 https://hcservices.ecourts.gov.in/hcservices/