Vairamani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon'ble Mrs.Justice T.V.THAMILSELVI Vairamani, ... Petitioner/Sole Accused Vs THE STATE REP BY, The Inspector of Police, All Women Police Station, (*)Keeranur Pudukottai District.
(Cr.No.12 of 2022) ... Respondent/Complainant For Petitioner : M/s.Arun Shankar M, Advocate.
For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Cr.No.12 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner who was arrested on 18.04.2022 for the offences under Section 11(1), 12 of Protection of Children from Sexual Offences Amendment Act 2019, in Cr.No.12 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the defacto complainant is the victim girl's mother. She received a phone call from the respondent police on 18.04.2022 at about 09.25 a.m. When she went there, the victim girl came to the defacto complainant and stated that the accused harassed her by showing verbal sign. Hence, the complaint.
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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.
4.The learned Additional Public Prosecutor for the respondent police objected for grant of bail and produced the copy of the statement recorded under Section 164 Cr.P.C. He submitted that investigation has been completed.
5.Considering the fact that investigation is completed and the period of incarceration, this Court is inclined to grant bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Court, Mahila Court, Pudukkottai.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
(ii)the petitioner shall report before the respondent police on every Monday and Saturday at 10.30 a.m., for a period of two months and thereafter as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned 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 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]. sd/- 18/05/2022 (*)Corrected Order / TRUE COPY / 18/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
ias 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.
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TO TO BE SUBSTITUED WITH THE ORDER DATED 19/05/2022 ALREADY DESPATCHED 1 THE SESSIONS JUDGE, MAHILA COURT, PUDUKKOTTAI.
2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, Keeranur PUDUKOTTAI DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9258 of 2022 Date :18/05/2022 PKP/SVR/SAR-2/18.05.2022/3P/5C PKP/VR/SAR-4/25.05.2022/3P/5C 3/3