S.Ranichandra v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN S.Ranichandra ... Petitioner/Rank not known Vs The State rep.by, The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

Crime No.127 of 2022..

... Respondent/Complainant For Petitioner : M/s.Mahendran.K, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.127 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.5, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 366, 366(A) of IPC and 5(1), 6, 17 of POCSO Act, 2012, in Crime No.127 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that originally the case was registered as girl missing. Later, the victim girl and the first accused were found in the house of the petitioner. From there, they were secured. During the course of investigation, the statement of the victim girl was recorded under 164 Cr.P.C and it is stated that she was in love with the first accused. When that was brought to the notice of the parents, they objected the same and tried to perform her marriage with her maternal uncle. Hence, she eloped with the first accused and went to the house of the petitioner herein and 1/3

stayed there. Later, went to Mela Natham and thereafter, went to Thirupur. Again, returned to Mela Natham. Where, they were secured.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and she has been falsely implicated in this case. He further submitted that the allegation against the petitioner is that she arranged living place for the first accused and the victim girl. Except that, no other allegation has been made out against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner was arrayed as fifth accused. The victim girl is aged about 16 at the time of alleged occurrence.

5.Reading of CD file shows that final report is made ready and it is going to be presented before the concerned Court after completing the formalities. Further, the first accused was arrested and remanded to judicial custody. Similarly A4, who is the husband of the petitioner herein was released on bail.

6. Considering the facts and circumstances of the case and also considering the fact the custody of the petitioner may not require since final report has been made ready, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Pattukottai, on condition that 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 Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 14/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

dss 2/3

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 Judicial Magistrate, Pattukottai.

2. Do-Through The Chief Judicial Magistrate, Thanjore @ Kumbakonam.

3. The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.MAHENDRAN K Advocate SR.No.7094

ORDER

IN CRL OP(MD) No.12684 of 2022 Date :14/07/2022 RK/VR/SAR-I/21.07.2022/3P/6C 3/3