Noohu Lebbai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Noohu Lebbai ... Petitioner/Sole Accused Vs The Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District.
Crime No. 13 of 2024.
... Respondent/Complainant For Petitioner :Mr.S.Muniyandi, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5
PRAYER :- For Anticipatory Bail in Crime No.13 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.13 of 2024, for the offence punishable under Sections 11(1) and 12 of Protection of Children from Sexual Offences Act, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that on 08.04.2024, when the defacto complainant's daughters were roaming on their verandah, the petitioner came there without wearing any dress and on seeing the same, they fled away from that place. Hence, the case.
3.When the earlier application in Crl.O.P(MD)No.7504 of 2024 was taken up for hearing, considering the stage of investigation, that petition was dismissed.
4. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.
5. The learned Government Advocate (Crl.Side) appearing for the respondent 2/5
Police submits that in this case, after completion of investigation, final report has been filed.
6. Considering the facts and circumstances of the case and also considering the fact that the investigation is completed and the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned Court on condition that (i) the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi.
(ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; (iii) The petitioner shall appear before the respondent police daily at 10.30 am until further orders for interrogation. He has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. 3/5
(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 19/07/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S.I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO
1. THE SESSIONS JUDGE, THE SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THOOTHUKUDI.
2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUCHENDUR, THOOTHUKUDI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.MUNIYANDI , Advocate ( SR-8130[I] dated 19/07/2024 ) 4/5
ORDER
IN CRL OP(MD) No.10675 of 2024 Date :19/07/2024 PSP/GS/SAR /07.08.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5