Aravindhan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Aravindhan, ... Petitioner/Sole Accused Vs State Rep by its, The Inspector of Police, Panthallur Police Station, Thanjavur District (Crime No.125 of 2019).

... Respondent/Complainant For Petitioner : M/s. S. Chellapandian, Advocate.

For Respondent : A.P.G.Ohm Chairma Prabhur, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.125 of 2019 on the file of the Respondent Police ORDER : The Court Made the following order :- The petitioner is in custody since 27.06.2019, for the offences under Section 366 of I.P.C. r/w. 6, 5(1) and 8 of Protection of Children from Sexual Offences Act, 2012.

2.The petitioner is aged about 21 years while the victim is 16 years. They are working in a Spinning Mill. There is said to be love affair between two. The defacto complainant is the mother of the victim.

3.The learned Government Advocate (Crl. Side) submitted that final report has been filed.

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4.Taking note of the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

[a] the petitioner is ordered to be released on bail on his executing 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 Principal Sessions Judge, Mahalir Neethimandram, (Fast Track Mahila Court), Thanjavur.

[b] the petitioner shall report before the respondent police as and when required for the interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 05/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. Principal Sessions Judge, Mahalir Neethimandram, Fast Track Mahila Court, Thanjavur..

2. The Superintendent, Central Prison, Trichy. 2/3

3. The Inspector of Police, Panthallur Police Station, Thanjavur District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.S.CHELLAPANDIAN, Advocate Sr. No.14813

ORDER

IN CRL OP(MD) No.12367 of 2019 Date : 05/09/2019 TR/PN/SAR-I (05.09.2019) 3P 6C 3/3