Selvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.7697 of 2020

1. Selvi

2. Vignesh ... Petitioners/Accused Vs The State The Inspector of Police, Ilupur Police Station, Pudukottai District, Cr.No. 143 of 2020. ... Respondent/Complainant For Petitioner : M/s S.Prabha for Mr.D.Ramesh Kumar, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) For Intervenor : Mr.P.Ganapathi Subramanian PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.143 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/Accused Nos.2 and 3 apprehending arrest at the hands of the respondent police for the offences punishable under Sections 173(3)(iv) of Cr.P.C. @ Sections 176, 201, 305 of IPC r/w Section 6 of POCSO Act, in Crime No.143 of 2020, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that A-2 is the mother and A-3 is the brother of A-1. The de-facto complainant's daughter, minor girl, namely, Sowmiya, who is aged about 17 years and A-1 were loved each other and also having sexual intercourse. Since the de-facto complainant's daughter got pregnancy two months, she asked A-1 to marry her and A-1 has refused and hence, the de-facto complainant's daughter has committed suicide. Hence, a case has been registered. 3.Heard the learned counsel appearing for the petitioners, learned counsel appearing for the intervenor and the learned Government Advocate (Crl. Side) appearing for the respondent. 4.The learned counsel appearing for the petitioners would submit that so far as this petitioners are concerned, the allegation is they asked A-1, not to marry the deceased and A-3 in this case said to have threatened the de-facto complainant and no other overt act is attributed.

5.The learned Government Advocate (Crl.Side) appearing for the State would submit that the main allegation is against A-1. A-1 has loved the deceased and promised to get marry her and also having sexual intercourse with her and as a consequence, the deceased was two months pregnant. Thereafter, A-1 refused to marry her and hence, the deceased had committed suicide. He would further submit that A-1 was already arrested and now remanded into judicial custody.

6.Considering the facts and circumstances of the case and also considering the fact that there is no substantial allegation against these petitioners and the only allegation is that they asked A-1 not to marry the deceased and A-1 was already arrested and now remanded into judicial custody, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Illupur, Pudukkottai District, on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall report before the respondent police as and when required for interrogation;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned 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]; and;

(f)if the petitioners/accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 04.08.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI Note : In view of the present lock down owing to COVID19 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 Judicial Magistrate Court, Illupur, Pudukkottai District

2. Do-Through The Chief Judicial Magistrate, Pudukottai District.

3. The Inspector of Police, Ilupur Police Station, Pudukottai District,

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

ORDER

IN CRL OP(MD) No.7697 of 2020 Date : 04/08/2020 VB (12.08.2020) 3P 5C