J. Alexander, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16839 of 2018 1.J. ALEXANDER 2.HONEST RAJ ... PETITIONERS / ACCUSED No.1 & 2 Vs THE STATE OF TAMIL NADU, REP.BY ITS THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VILATHIKULAM, TUTICORIN DISTRICT.
(CRIME NO.8 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.G.RADHAKRISHNAN Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Sections 7 and 8 of POSCO Act and Section 448 and 506(i) of IPC, in Crime No.8 of 2018, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioner's father and mother are residing in the de-facto complainant's house as a tenant. The petitioners are working as a labour under the de-facto complainant's father for the past four years. While being so, on 23.07.2018, when the victim girl was playing ball in front of her house the petitioners called her and gave sexual torture. Hence, the complaint.
3. The learned counsel appearing for the petitioners would
submit that the de-facto complainant threatened and pressurized the petitioner's family to vacate the premises. Even according to the statement of the victim girl is recorded under Section 164 of Cr.P.C. There is absolutely no allegation as against the petitioners, in respect of sexually harassing. He would further submitted that this complaint has been filed only for vacating the petitioners premises and a false case has been foisted against them. Hence, he prays for grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is pending.
5. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Vilathikulam, Tuticorin District and on their executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioners 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 shall stand dismissed.
sd/- 20/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, VILATHIKULAM, TUTICORIN DISTRICT.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VILATHIKULAM, TUTICORIN DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.G.RADHAKRISHNAN Advocate SR.No.18088
ORDER
IN CRL OP(MD) No.16839 of 2018 Date :20/09/2018 sji AE/RR/SAR1/27.09.2018/3P/6C