Ayyanar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ayyanar ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Thiruppathur, Sivagangai District (Crime No.03 of 2023).

... Respondent/Complainant For Petitioner : M/s.C.Suresh Kannan, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.03 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 3, 4, 5 (j)(ii) r/w 6 of Protection of Child from Sexual Offences Act, 2012, in Crime No.3 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. There is love affair between the victim and the petitioner. The age of the 1/3

victim girl is below the prescribed age for giving consent for the above said affair. On that ground case has been registered.

3. Now affidavit has been filed by the father of the petitioner that the petitioner will marry the victim girl, after she attains majority. The grandmother of the victim is also present before this Court and submitted that she believed the conduct of the petitioner, their parents stating that they agreed to marry the victim girl and they are also agreeable for the above said proposal.

4. In view of the affidavit filed by the petitioner's father and considering the submissions made by the grandmother of the victim, this Court is inclined to grant anticipatory bail to the petitioner.

5. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Sessions Judge, Special Court for POCSO Act Cases, Sivagangai District. on condition that the petitioner shall execute a 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 Judge concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period 2/3

of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 14/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES, SIVAGANGAI DISTRICT.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPPATHUR, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-10796[I] dated 17/07/2023 )

ORDER

IN CRL OP(MD) No.12811 of 2023 Date :14/07/2023 RS/VR/SAR-(24.07.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3