Mariya Devasahayam v. The Inspector Of Police
CRL OP(MD). No.5782 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5782 of 2020 MARIYA DEVASAHAYAM ... PETITIONER/SOLE ACCUSED VS STATE REP. BY THE INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, THENI DISTRICT.
CRIME NO. 479 OF 2020.
... RESPONDENT/COMPLAINANT For Petitioner : Mr.N.Ranjith, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 479 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner is in custody since 12.05.2020 for the offences punishable under Section 366(A) IPC and Section 8 of POCSO Act, 2012 and seeks bail.
3.It appears that there is a love affair, but the fact remains that the victim is a minor girl aged about 16 years. On going through the contents of the First Information Report, it appears that nothing major happened. Therefore, 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.5782 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 Judicial Magistrate,Periyakulam;
(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)on breach of any of the aforesaid conditions, the 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 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/- 09/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3 THE INSPECTOR OF POLICE VEERAPANDI POLICE STATION, THENI DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, PERIYAKULAM.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5782 of 2020 Date :09/06/2020 MYR JM/PN/SAR 2/09.06.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2