Sivaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.7670 of 2022 Sivaraj ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, All Women Police Station, Kelakkarai, Ramanathapuram District.
(Crime.No.5/2022).
... Respondent/Complainant For Petitioner : M/s.John Stephen.A., Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.5 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 11(4), 12 of POCSO Act, 2012, in Crime No.5 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner has harassed the defacto complainant under the guise of proposing love on several occasions. The further allegation is that the petitioner threatened the defacto complainant by taking her bathing photos and upload it on the online. Hence, the compliant.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has filed an affidavit, wherein the petitioner has undertaken that he will not disturb the victim girl or cause any kind of harassment to her in future.
4. The learned Additional Public Prosecutor appearing for the respondent police submitted that no previous case is pending against this petitioner and the petitioner has also filed an undertaking affidavit, this Court may consider the bail application of the petitioner.
5. Considering the duration of incarceration and also considering the undertaking affidavit filed by the petitioner, this Court is inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 (Fast Track Mahila Court) Ramanathapuram, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. 7.If any violation is noticed or any new case is registered against the petitioner, bail granted by this Court, shall stand automatically cancelled. After releasing on bail, the petitioner must file a copy of the above said affidavit before the concerned Magistrate Court and send another copy to the concerned Police Station.
Sd/- 26/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE SESSIONS JUDGE (FAST TRACK MAHILA COURT), RAMANATHAPURAM.
2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KELAKKARAI, RAMANATHAPURAM DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. JOHN STEPHEN.A. Advocate SR.No.7640
ORDER
IN CRL OP(MD) No.7670 of 2022 Date :26/07/2022 SP/JM/SAR I/03/08/2022/3P/5C