Sangapillai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD). No.7605 of 2022 Sangapillai, S/o. Masilamani, Aravakudi, K.Kallikudi North, Manikandam Post, Trichy District.

... Petitioner/Sole Accused Vs The State Rep by The Inspector of Police, All Women Police Station, Jeeyapuram, Trichy District.

Crime.No.8 of 2022.

... Respondent/Complainant For Petitioner : M/s. Ramanathan.AN., Advocate.

For Respondent : Mr.A.Thiruvadikumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 8 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 13.03.2022 for the offences punishable under Section 376 of IPC in Crime No.8 of 2022, on the file of the respondent police, seeks bail.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3.For an occurrence that took place eight months before, the complaint has been made by the mother of the victim girl stating that the petitioner had pregnated her daughter. There is no reason assigned in the complaint as to the delay in giving the complaint, particularly, when the mother knew about the pregnancy of her daughter. The petitioner is aged about 80 years and has been in custody from 13.03.2022 onwards. In the background of the above observations, this Court is inclined to grant bail to the petitioner.

4.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional Mahila Court, Trichy. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Mahila Judge/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter as and when required for interrogation;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned Mahila Judge/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 learned Mahila Judge/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/- 05/05/2022 / TRUE COPY / 05/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. The Judge,Additional Mahila Court, Trichy.

3. The Superintendent, Central Prison, Trichy.

4. The Inspector of Police, All Women Police Station, Jeeyapuram, Trichy District.

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

+1CC to AN.Ramanathan,Advocate(SR.No.4419) CRL OP(MD) No.7605 of 2022 Date :05/05/2022 MGJ/VRS/SAR 3(05.05.2022) 3P 7C