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Madras High CourtCRL OP(MD)/10999/2022granted

Ajith @ Arumugam v. The Inspector Of Police

2022-06-21Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD)No.10999 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 21.06.2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.10999 of 2022 Ajith @ Arumugam ... Petitioner/Sole Accused Vs.

State rep.by The Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District.

(Crime No.44 of 2021) ... Respondent/Complainant For Petitioner : Mr.R.J.Karthick, 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.44 of 2021 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 02.05.2022 for the offences punishable under sections 7 r/w 8, 11(i) and 12 of Protection of Children from Sexual Offences Act, 2012, seeks bail. 2.The case of the prosecution is that on 10.07.2021 at about 08.00 pm., the accused person has sexually assaulted the victim girl, who is aged about 17 years. It is further alleged that the petitioner has continuously harassed the victim girl. Hence, the compliant.

3.Reading of the 164 statement shows that there is a love affair between the accused and the victim girl and that was not liked by the father of the victim girl. Because of that, the trouble has arisen. It is also seen that even though the mother of the victim girl was willing to get both of them married, it appears that only the father of the victim girl made trouble. 4.The learned counsel appearing for the petitioner submits that the petitioner and the victim girl loved each other for more than a year and when that was brought to the notice of the victim girl's father, he is now making trouble.

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Crl.OP(MD)No.10999 of 2022 5.Considering the duration of the custody of the petitioner and reading of the statements recorded under Section 164 Cr.P.C., 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 Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 21/06/2022 / TRUE COPY / 21/06/2022 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 JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THOOTHUKUDI.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, PERAVURANI, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10999 of 2022 Date :21/06/2022 RS/VR/SAR.2 (21.06.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2