Akil @ Ahamed Akeel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Akil @ Ahamed Akeel, ... Petitioner/Accused No.1 Vs The Inspector of Police, All Women Police Station, Thiruchendur, Thoothukudi District.

(Crime No. 18/2024).

... Respondent/Complainant For Petitioner : Mr.Ka. Ramakrishnan, 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. 18 of 2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 5(1), 6, 7, 8 of POCSO Act, 2012, in Crime No.18 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the defacto complainant are relatives. The petitioner had forcible sexual intercourse with the defacto complainant and refused to marry her. Hence, the case. 3.The learned counsel appearing for the petitioner submits that this is only a lover affair. However, at the time of occurrence, the defacto complainant was aged about 17 years and 10 months. Now, the petitioner has come forward to marry the defacto complainant and an agreement has also been arrived between the parties, in the presence of their family members.

4.Considering the fact that the petitioner has come forward to marry the 2/5

defacto complainant and this petition has been moved in the strength of the agreement arrived between the parties, this Court is inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Special Court for POSCO Act Cases, Tuticorin, on condition that 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 Judge, Special Court for POSCO Act Cases, Tuticorin and on further conditions that: i. 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;

ii. The petitioner shall appear before the respondent police as and when required.

iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. iv. On violation of any of the above conditions by the petitioner, the 3/5

respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 26/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO

1. THE JUDGE, SPECIAL COURT FOR POSCO ACT CASES, TUTICORIN, 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUCHENDUR, THOOTHUKUDI DISTRICT.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.KA.RAAMAKRISHNAN, Advocate ( SR-8688[I] dated 26/07/2024 ) 4/5

ORDER

IN CRL OP(MD) No.11580 of 2024 Date :26/07/2024 PSP/GS/SAR /06.08.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5