J.Ramalakshmi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15322 of 2022 J.Ramalakshmi ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, All Women Police Station, Alangulam, Tenkasi District.
(Crime No.15/2022).
... Respondent/Complainant For Petitioner : M/s.Jegadeeshapandian V M, Advocate. For Respondent : Mr.R.M.Anbunithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.15/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 305, 506(i) I.P.C and Section 5(i) r/w 6 of POCSO Act, 2012, in Crime No.15 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the first accused sexually assaulted the victim girl during the absence of the parents. Over the above said occurrence, the second accused, who is the petitioner herein threatened the victim girl about the contact between herself and the first accused.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and she has been falsely implicated in this case. He further submitted that the first accused has been enlarged on bail by the Sessions Judges, Special Court for POCSO Act Cases, Tirunelveli, in Crl.M.P.No.2151 of 2022, on 16.08.2022. Hence, he prays for grant of anticipatory bail.
4. Considering the facts and circumstances of the case and also considering the limited allegation that has been made against the petitioner, 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, Tirunelveli, 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 Magistrate 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 of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
Sd/- 25/08/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
dss Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES, TIRUNELVELI.
2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGULAM, TENKASI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.JEGADEESHAPANDIAN V M Advocate SR.No.9023
ORDER
IN CRL OP(MD) No.15322 of 2022 Date :25/08/2022 SP/VR/SAR I/06/09/2022/3P/5C