Karpoorasundarapandiyan @ Muneeshwaran v. The Inspector Of Police
CRL OP(MD). No.13965 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13965 of 2022 Karpoorasundarapandiyan @ Muneeshwaran ... Petitioner/Accused Vs The State rep.by The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
(Crime No.168/2022).
... Respondent/Complainant For Petitioner : M/s.SENTHIL MURUGAN.C, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.168/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 28.06.2022 for the alleged offence under Sections 5(1) r/w 6 of POCSO Act, 2012 and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, in Crime No.168 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that while the victim was studying in +2, on 29.05.2022, she was found missing. Based on the complaint of the defacto complaint, a case has been registered under Girl Missing and on investigation, it is found that she married to her maternal uncle, who is A1 and later she eloped with this petitioner. Hence, the case.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
4.The learned Additional Public Prosecutor submitted that based on the complaint of the defacto complainant, enquiry was conducted, https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.13965 of 2022 it is found that the victim married to the first accused, who is her maternal uncle and later she eloped with this petitioner. After that she was secured and restored to her parents. 5.Considering the conduct of the victim, facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with stringent conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Sessions Judge, Special Court for Exclusive Trial of cases under the POCSO Act, 2012, Sivagangai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 02/08/2022 / TRUE COPY / 02/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER THE POCSO ACT, 2012, SIVAGANGAI.
2 THE OFFICER INCHARGE SUB JAIL, SIVAGANGAI.
3 THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.SENTHIL MURUGAN C Advocate SR.No.8016
ORDER
IN CRL OP(MD) No.13965 of 2022 Date :02/08/2022 SA/PN/SAR.2/02.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2