Srinivasan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
1. Srinivasan,
2. Maria Santhi,
3. Maria Pushpam, ... Petitioners/Accused No.2 to 4 Vs The State of Tamil Nadu, The Sub Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.
(Crime No.11 of 2023) ... Respondent/Complainant For Petitioners : Mr.Appaji.C.K.M, Advocate.
For Respondent : Mr.R.M.Anubunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.11 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/Accused who apprehend arrest at the hands of the respondent police for the offences punishable under sections 366 and 376 of IPC r/w. section 5(l) and 6 of POCSO Act , 2012 in Crime No. 11 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution as per the de-facto complainant is that the first accused kidnapped the minor victim and committed penetrative sexual assault on the minor victim, hence the case.
3. Heard both side and perused the materials available on record including the First Information Report and also the statement of the victim recorded under section 164 of Cr.P.C.
4. Taking into consideration of the facts and circumstances of the case and also the fact that the petitioners herein are relatives and A1 in this case was arrested and released on bail, this court is inclined to grant anticipatory bail to the petitioners , with certain conditions:
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5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act Cass, Kanykumar District at Nagercoil 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.
[b] the first petitioner alone shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 09/06/2023 / TRUE COPY / / 06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
aav TO 1.THE SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT CASS, KANYKUMAR DISTRICT AT NAGERCOIL.
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2 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.K.M.APPAJI, Advocate ( SR-8416[I] dated 09/06/2023 )
ORDER
IN CRL OP(MD) No.10087 of 2023 Date :09/06/2023 RK/CG/SAR- (13/06/2023) 3P/5C 3/3