L. Mariya Ajai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9584 of 2018 L. MARIYA AJAI ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT.

IN CR.NO. 494/2017 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.R.SREENIVASAN Advocate For Respondent : Mr.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / accused apprehends arrest at the hands of the respondent Police for the offences under Sections 363, 366 (A) of I.P.C. and Section 5 (1), 6 of Protection of Child from Sexual Offences Act, 2012 in Crime No.494 of 2017.

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

3.This Court went through the contents of the statement given by the victim before the Jurisdictional Magistrate, Padmanabhapuram. It is seen that the relationship between the petitioner and the de facto complainant was consensual in nature. The victim was also in the verge of attaining the majority during the relevant time. Now she has attained majority. It is seen that even before this Court she took a stand that she had voluntarily gone with the petitioner. 4.Taking note of the over all circumstances, 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 Court, Padmanabhapuram 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 https://hcservices.ecourts.gov.in/hcservices/

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 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 13/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE PADMANABHAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.M.R.SREENIVASAN Advocate SR.No.10317 GJM/CSL/RR/ASVM/19.6.18-2P-6C

ORDER

IN CRL OP(MD) No.9584 of 2018 Date :13/06/2018 https://hcservices.ecourts.gov.in/hcservices/