Siva Alaguraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of May Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY SIVA ALAGURAJA ... PETITIONER/ACCUSED Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION VILATHIKULAM, THOOTHUKUDI DISTRICT.

CRIME NO.5/2024.

... RESPONDENT/COMPLAINANT For Petitioner :

M/S.D.S.RAJASEKARAN, Advocate For Respondent :

MR.A.THIRUVADI KUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO.5/2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 18.03.2024, for the offence under Sections 5(l) r/w 6 of POCSO Act 2012 and 420, 506 (i) IPC and 67B I.T. Act in Crime No.5 of 2024 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the petitioner had sexual relationship with the victim, who is aged about 15 years and looted a sum of Rs.5 lakhs from her. Hence, the complaint.

3.The learned counsel appearing 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 18.03.2024. The victim is ready to marry the petitioner. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent police strongly opposes for grant of bail to the petitioner. 5.This Court considering the above submission and nature of offence, this Court is inclined to grant interim bail to the petitioner till 07.06.2024 with the following conditions:

(i).The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties each for a like sum to the satisfaction of the learned Judge, Special Court for Exclusive Trial of Cases under POCSO Act at Thoothukudi; (ii)The petitioner shall report before the respondent Police daily at 10.30a.m. and co-operate for the investigation.

(iii)The petitioner has to surrender before the concerned Judge on 06.06.2024. 6.Considering the nature of offence, the matter is referred to Mediation 2/4

and Conciliation attached to this Bench. The petitioner and the victim / parties are directed to appear before the Mediation Centre. The Mediation Process shall be concluded on or before 07.06.2024.

7.Post the matter on 07.06.2024.

sd/- 22/05/2024 / TRUE COPY / 23/05/2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THOOTHUKUDI.

2 THE OFFICER INCHARGE, PERURANI PRISON, THOOTHUKUDI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION VILATHIKULAM, THOOTHUKUDI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE CHIEF CO-ORDINATOR, MEDIATION & CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY) +1 CC to M/s.D.S.RAJASEKARAN, Advocate ( SR-5608[I] dated 22/05/2024 ) 3/4

ORDER

IN Date :22/05/2024 RS//SAR-(23.05.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4