Rev.Guna Jothimani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11992 of 2018 REV.GUNA JOTHIMANI ... PETITIONER/ ACCUSED Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY. ... RESPONDENT / COMPLAINANT For Petitioner: Mr.VEERA KATHIRAVAN Senior Counsel For VEERA ASSOCIATES Advocate.

For Respondent:Mr.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 28.06.2018 for the offences punishable under Sections 9(f), 9(1), 9(o) and Section 10 of POCSO Act, in Crime No.14 of 2018 on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) for the respondent. 3.The petitioner is an aged person. But, some serious allegations have been made against him by the student studying in the institution run by the petitioner. Medical examination of the student is over and her statement is also recorded. This Court is of the view that the continued incarceration of the petitioner may not be necessary. Taking note of the facts and circumstances, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) the petitioner shall execute 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 Sessions Judge, Mahila Court, Trichy.

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(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)the petitioner shall not abscond.

(iv)on breach of any of the aforesaid conditions, the Magistrate/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 Magistrate/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/- 16/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SESSIONS JUDGE MAHILA COURT,TRICHY.

2.THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIRANGAM,TRICHY.

4.THE SUPERIENDENT CENTRAL PRISON,TRICHY.

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

+1. CC VEERA ASSOCIATES Advocate SR.No.13085

ORDER

IN CRL OP(MD) No.11992 of 2018 Date :16/07/2018 TK/MMS/ASVM/16.07.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/