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Madras High CourtCRL OP(MD)/15204/2018ordered

Ramanathan, S/O.Gurusamy, v. The Inspector Of Police,

2018-08-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15204 of 2018 RAMANATHAN ... PETITIONER/ SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, PATTESWARAM POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.114 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M. PALANIRAJA, Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 04.07.2018 for the offences punishable under Sections 366(A) of IPC r/w 4 and 8 of the Protection of Children from Sexual Offence Act, 2012, in Crime No.114 of 2016 on the file of the respondent police. He seeks bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.The case of the prosecution is that the petitioner was granted bail in Crime No.114 of 2016. The respondent also filed charge sheet and taken cognizance in SSC No.34 of 2017 on the file of the Principal Fast Track Mahila Court, Thanjavur. On 30.05.2017, the petitioner was absent and a non bailable warrant was issued. On the basis of the non bailable warrant, the petitioner was arrested and remanded to judicial custody on 04.

07.2018. 4.The learned counsel for the petitioner would submit that the petitioner got married with the victim girl and also gave birth to a female child on 07.06.2018. Now the victim girl is also attained majority. The petitioner undertakes to live with the victim girl, since they already got married.

5.Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/

petitioner is ordered to be released on bail subject to the following conditions:

(i) the petitioner shall execute 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 full Additional Charge of Sessions Court, Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur.

(ii)the petitioner shall appear before the respondent police as and when required for interrogation. sd/- 29/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE FULL ADDITIONAL CHARGE OF SESSIONS JUDGE, MAHALIR NEETHIMANDRAM (FAST TRACK MAHILA COURT), THANJAVUR.

2 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

3 THE INSPECTOR OF POLICE, PATTESWARAM POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.M.PALANIRAJA Advocate SR.No.16378

ORDER

IN CRL OP(MD) No.15204 of 2018 Date :29/08/2018 MS/PN/SAR-1/29.08.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/