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Madras High CourtCRL OP(MD)/8734/2017ordered

J.Muthukumar, v. The Inspector Of Police,

2017-07-19Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of July Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.8734 of 2017 J.MUTHUKUMAR ... PETITIONER / SOLE ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, SRIVAIKUNDAM ALL WOMEN POLICE STATION, TUTICORIN DISTRICT.

(CR.NO.5/2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.C.D.JOHNSON Advocate For Respondent : Mr.K.S.DURAIPANDIAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused, in Crime No.5 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 7 r/w Section 8 of POCSO Act and Section 506(ii)I.P.C hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State. 3.The Additional Public Prosecutor on instructions submitted that when the defacto complainant went for nature's call, the petitioner is said to have misbehaved with the defacto complainant. He further submitted that in this case, investigation is pending and charge sheet is not yet filed.

4.The learned counsel for the petitioner submitted that the petitioner and the defacto complainant are lovers and at the instigation of the mother of the defacto complainant, the present complaint has been lodged against the petitioner.

5. Considering the facts and circumstances of the case, 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 Judge, Mahila Court (Fast Track), Tuticorin and on his https://hcservices.ecourts.gov.in/hcservices/

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 daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 19/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, MAHILA COURT(FAST TRACK ), TUTICORIN 2 THE INSPECTOR OF POLICE, SRIVAIKUNDAM ALL WOMEN POLICE STATION, TUTICORIN DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.C.D.JOHNSON Advocate SR.No.26920 JAM/21.07.17/BS/SAR 2/ 2p-5c

ORDER

IN CRL OP(MD) No.8734 of 2017 Date :19/07/2017 https://hcservices.ecourts.gov.in/hcservices/