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Madras High CourtCRL OP(MD)/8795/2016granted

Tamil @ Tamilselvan v. The Inspector Of Police

2016-06-08Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8795 of 2016 TAMIL @ TAMILSELVAN ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PUDUKKOTTAI & DISTRICT (CRIME NO.9 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S RMS.SETHURAMAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as sole accused, who was arrested and remanded to judicial custody on 25.08.2015 for the alleged offences punishable under Sections 5(m) and 6 of Protection of Children from Sexual Offence Act, 2012, in Crime No.9 of 2015, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that on 24.08.2015, the petitioner attempted to commit sexual assault on a minor girl, who is six years old. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner is the owner of a house situates in Kamarajapuram, Pudukkottai and the de facto complainant namely Savithiri, who is the mother of the victim, is his tenant and she did not pay the rent for one year and when the petitioner demanded the rent, she has given a false complaint. The petitioner is in custody from 25.08.2015 https://hcservices.ecourts.gov.in/hcservices/ and he is aged about 59 years.

4.The learned Government Advocate(Crl.side) submitted that charge sheet has been filed and not yet taken on file. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 25.08.2015 and charge sheet has been filed, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail on executing 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, Pudukkottai District and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m. and 05.00 p.m. until further orders.

sd/- 08/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, MAHILA COURT, PUDUKKOTTAI DISTRICT.

2 THE OFFICER INCHARGE DISTRICT PRISON,PUDUKKOTTAI.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKKOTTAI & DISTRICT +1. CC to M/S RMS.SETHURAMAN Advocate SR.No.28664.

ORDER

IN CRL OP(MD) No.8795 of 2016 Date :08/06/2016 AM/GSV.PM/SAR-I/08.06.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/