Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.18252 of 2018 KANNAN ... PETITIONER / SOLE ACCUSED Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.58 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.THIRUVADI KUMAR Advocate For Respondent : Mr.M.ASOKAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 11(1) and 12 of the Protection of Children from Sexual Offences Act, in Crime No.58 of 2018, seeks anticipatory bail.

2. When the matter was taken up for hearing, it was pointed out that the petitioner has given a counter complaint against the father of the victim girl and that the victim's father was also arrested in the said case. Thereupon, the petitioner herein came forward to withdraw the complaint given by him against the victim's family. He is present in person before this Court and he has also filed an affidavit to that effect. The same is taken on record. 3.In view of filing of the said affidavit by the petitioner herein, this Court directs the respondent /Police to file an action dropped report in Crime No.57 of 2018.

4.In view of the gesture shown by the petitioner herein, anticipatory bail is granted with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sathankulam, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the https://hcservices.ecourts.gov.in/hcservices/

satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

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

6.This Court expresses the hope that the case on hand would also be amicably resolved.

sd/- 24/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SATHANKUALAM.

2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.A.THIRUVADI KUMAR Advocate SR.No.20180 PS/MMS/SAR-1:26/10/2018:2P/6C

ORDER

IN CRL OP(MD) No.18252 of 2018 Date :24/10/2018 https://hcservices.ecourts.gov.in/hcservices/