Sakthivel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sakthivel ... Petitioner/Sole Accused Vs The Inspector of Police, Nachiyarkovil Police Station, Thanjavur District.
(Crime No.149/2024)..
... Respondent/Complainant For Petitioner : Mr.R.Rajeshkumar, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PRAYER :- For Bail in Crime No.149/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.149 of 2024 for the offence under Section 341 I.P.C and Sections 11(4), 12 of POCSO Act and remanded him into judicial custody on 02.03.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that the petitioner is said to have sexually harassed the victim girl, who is aged about 14 years. 1/4
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in Jail from 02.03.2024.
4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is pending. He further submits that the petitioner is not having previous case.
5. Considering the facts and circumstances of the case, nature of allegation and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions: i) on the petitioner executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the Special Court, Thanjavur (Protection of Children from Sexual Offences Act), Thanjavur.
ii) The petitioner and the sureties shall submit a copy of their 2/4
Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioner shall appear before the respondent police as and when required by the respondent police. He has to co-operate for the investigation.
iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 29/04/2024 / TRUE COPY / 29/04/2024 Sub-Assistant Registrar (CS -II ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1.THE JUDGE, SPECIAL COURT, THANJAVUR (PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), THANJAVUR.
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2.THE OFFICER IN CHARGE, SUB JAIL, KUMBAKONAM.
3.THE INSPECTOR OF POLICE, NACHIYARKOVIL POLICE STATION, THANJAVUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.RAJESH KUMAR, Advocate ( SR-5070[I] dated 29/04/2024 )
ORDER
IN CRL OP(MD) No.6264 of 2024 Date :29/04/2024 RK (29/04/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4