Ilayaraja v. The Inspector Of Police
CRL OP(MD). No.9693 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.9693 of 2022
1. Ilayaraja
2. Katturani @ Ramalakshmi ... Petitioners/Accused 1 & 2 Vs The State rep.by The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.
(Crime No. 109 of 2022).
... Respondent/Complainant For Petitioner : M/s.INDRACHITHU.T, 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. 109 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 & 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 506(i) of IPC r/w 12, 11(iv) and Section 17 of POCSO Act, in Crime No.109 of 2022 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant's daughter is doing 8th standard in Ramanathapuram Nadar Committee Higher Secondary School. She is going to the school through Bicycle. On 26.03.2022 at about 4.00 p.m., when she was returning to the house, the first accused along with other persons followed her stating that he is loving her. Frightened over the attitude of the accused persons, the victim ran away to her home and informed the same to the defacto complainant. When that was enquired on 26.03.2022 at about 6.00 p.m., the petitioners started criminally intimidated the defacto complainant and her family members. Hence, the case has been registered.
3.Considering the facts and circumstances of the case, on earlier hearing, the petitioners were directed to file an undertaking affidavit to the effect that he would not make any trouble to the victim girl in future. On that ground, the petitioners have filed an undertaking affidavit before this court, https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.9693 of 2022 today. In view of the undertaking affidavit filed by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.
4. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The respondent police is directed to watch the movement of the accused.
5. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 12/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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, SPECIAL COURT FOR POCSO ACT CASES, TIRUNELVELI. 2 THE INSPECTOR OF POLICE, VASUDEVANALLUR POLICE STATION, TENKASI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.9693 of 2022 Date :12/07/2022 SA/PN/SAR.3/20.07.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2