Saravanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr Justice R.MAHADEVAN CRL OP(MD) Nos.24078, 24179, 24202 and 24203 of 2016 SARAVANAN ... PETITIONER / ACCUSED NO.15 IN CRL.OP(MD)No.24078 of 2016 KAMALUTHEEN ... PETITIONER / ACCUSED IN CRL.OP(MD)No.24179 of 2016 1 THANGARASU 2 CHITRA ... PETITIONERS / PETITIONERS / ACCUSED NOS.9 & 10 IN CRL.OP(MD)No.24202 of 2016 BALAKRISHNAN ... PETITIONER / ACCUSED No.2 IN CRL.OP(MD)No.24203 of 2016 Vs.
THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI TALUK, SIVAGANGAI DISTRICT.
... RESPONDENT / COMPLAINANT (CRIME NO. 21 OF 2016) IN ALL THE PETITIONS For Petitioner : M/S.R.KARUNANIDHI, Advocate IN CRL.OP(MD)No.24078 of 2016 For Petitioner : M/S.R.SENTHIL KUMAR, Advocate IN CRL.OP(MD)No.24179 of 2016 For Petitioner : M/S.S.SATHYA CHIDHAMBARAM, Advocate IN CRL.OP(MD)No.24202 of 2016 For Petitioner : M/S.H.MOHAMMED IMRAN, Advocate IN CRL.OP(MD)No.24203 of 2016 For Respondent : MR.P.KANDASAMY, Government Advocate(Crl.Side) IN ALL THE PETITIONS
PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 01.12.2016, 27.11.2016, 28.11.2016 and 27.11.2016 respectively for the alleged offences punishable under Sections 5(1)(i) ITP and 370(A)(5), 373 I.P.C. and 17 of POSCO 3(i) (w-1,II) 3(ii)(V)(a) of SC/ST (POA) Act r/w 5(1)(1)6 ITP Act and 370 (A)(5), 373 I.P.C. and 3 r/w 4, 17 of POSCO Act 2012, 3(i)(w-1, II), 3(ii)(V)(a) of SC/ST (POA) Act in Crime No.21 of 2016 on the file of the respondent police and hence, seek bail.
2.The case of the prosecution is that the minor girl was put into a prostitution by A.1 and A.2 and she was sexually harassed by the petitioners herein and the victim girl has also identified the accused during the course of investigation and on the basis of the confession statement given by the victim girl before the Judicial Magistrate under Section 164 Cr.P.C., the petitioners were arrested.
3. The learned counsel for the petitioners states that the petitioners are innocent and they have been falsely implicated in this case with an intention to spoil the image and integrity of the petitioners.
4. The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that the co-accused were already released on bail.
5. Considering the above facts and circumstances of the case and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on each of them executing a bond for a sum of Rs.50,000/- (Rupees One Lakh only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Sivagangai and on further condition that the petitioners shall appear before the respondent police daily twice at 10.30 a.m., and 05.30 p.m. until further orders.
sd/- 29/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, SIVAGANGAI. 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI TALUK, SIVAGANGAI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 5 THE OFFICER-IN-CHARGE,CENTRAL SPECIAL PRISON FOR WOMEN, MADURAI. 6 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.R.KARUNANIDHI, Advocate SR.No.83684. +1. CC to M/S.R.SENTHILKUMAR, Advocate SR.No.83687. +1. CC to M/S.S.SATHYA CHIDHAMBARAM, Advocate SR.No.83739. +1. CC to M/S.H.MOHAMMED IMRAN, Advocate SR.No.83660. ORDER IN CRL OP(MD) Nos.24078, 24179, 24202 and 24203 of 2016 Date :29/12/2016 msm-sks-rr/sar2/29.12.16/p3/11c