Raman v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13030 of 2023 1.Raman 2.Sivapandi 3.Alaguraman ... Petitioners/Accused Nos.2, 3, 4 Vs State represented by The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.
(In Crime No.14 of 2023) ... Respondent/Complainant For Petitioners : M/s.S.Sundarapandian, 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.14 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners / Accused Nos.2 to 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 323, 294(b), 506(i) of IPC and Section 7 read with Section 12 POCSO Act in Crime No.14 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the first accused was in love with the defacto complainant's daughter who is aged 13 years. The first accused used to meet the defacto complainant's daughter and on the date of occurrence ie., on 14.02.2023, the first accused trespassed into the house of the defacto complainant, when she and her husband were not in the house and abused her daughter physically, saying that he was in love with her. When the defacto complainant came to know about the issue, she questioned the first accused about the issue. At that time the accused persons attacked the defaco complainant and her husband, abused them in filthy language, criminally intimidated them. Hence the complaint.
3. The learned counsel for the petitioner submitted that they are innocent and they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case and seek for anticipatory bail.
4. The respondent is present before this Court and stated that during the course of investigation in both the cases, it is came to light that it is a issue between the two families and case and a counter case has also been filed against the parties, as if they committed assault upon the minor children.
5. In view of the above said statement and on going through the FIR in both the matters, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners are
directed to be released on bail in the event of arrest or on their appearance, before the learned Special District and Session Judges for POCSO, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. Considering the job nature of the first petitioner, he is directed to appear before the respondent police as and when required for investigation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 27/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn TO 1 THE SPECIAL DISTRICT AND SESSIONS JUDGES FOR POCSO, MADURAI.
2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, USILAMPATTI, MADURAI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13030 of 2023 Date :27/07/2023 SS/MMS/02/08/2023/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023