Surya Prakash v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2022 PRESENT THE HON`BLE MR.JUSTICE G.ILANGOVAN SURYA PRAKASH, ... PETITIONER/SOLE ACCUSED VS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.
(CRIME.NO.12 OF 2022.) ... RESPONDENT/COMPLAINANT FOR PETITIONER : MR.KUMAR T, ADVOCATE.
FOR RESPONDENT : MR.R.M.ANBUNITHI, ADDITIONAL PUBLIC PROSECUTOR (CRL.SIDE) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 12 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner, who is the sole accused, was arrested and remanded to judicial custody on 25.05.2022 for the offences punishable under Section 5(1), 5(n) r/w Section 6 of POCSO Act, 2012 and seeks bail.
2.The case of the prosecution is that on the false promise of marrying the victim girl, the petitioner was in close proximity with her and she compelled and pressurized the petitioner to marry her. When that was brought to the notice of her parents, she was taken to the home and based upon the statement of the victim girl, the case has been registered. Thereafter, the petitioner was arrested and 1/3
remanded to judicial custody on 25.05.2022. 164 Statement of the victim girl was also recorded.
3.The learned counsel appearing for the petitioner submits that the petitioner is the close relative of the victim girl and because of that, there was some close proximity between each other. 4.Reading of the 164 statement shows that the victim girl was in love with the petitioner and later lived together for some time, conceived and later aborted and that was brought to the notice of the parents, who have, in turn, informed to the Child Help Line. Based upon that, the case has been registered. 5.In the facts and circumstances of the case and reading of the 164 statement of the victim girl, this court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on his 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, Special Court for exclusive trial of cases under POCSO Act, 2012, Sivagangai, Sivagangai District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 24/06/2022 / TRUE COPY / 24/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
MM 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 EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, 2012, SIVAGANGAI, SIVAGANGAI DISTRICT.
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2. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10810 of 2022 Date : 24/06/2022 GC/PN/SAR-2(24.06.2022) 3P 5C 3/3