Johnson Moses v. The Inspector Of Police

CRL OP(MD). No.5969 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5969 of 2020 JOHNSON MOSES ... PETITIONER/ACCUSED VS STATE REP. BY THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT (CRIME.NO.190 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioner : M/s. J.Ashok, 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.190 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 apprehending arrest at the hands of the respondent police for the offences punishable under sections 363, 375 of I.P.C. and Section 6 of r/w 5(1) of POCSO Act in Crime No.190 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner's case is that he was in love with the victim. The victim voluntarily left her home and he also states that there was solemnization of marriage between the two. Since it prima facie appears to be a love affair I am of the view that the arrest of the petitioner is not owing to serve any purpose. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5969 of 2020 petitioner however, undertakes to co-operate to the respondent for the purpose of conducting all the necessary formalities and tests. Recording the petitioner's undertaking to co-operate with the investigation anticipatory bail is granted with certain conditions.

4. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Valliyoor and on his executing 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 Magistrate concerned and on further condition that 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 eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 11/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5969 of 2020 Date :11/06/2020 KSA JM/RSK/SAR 3/24.06.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2