Madras High CourtCRL OP(MD)/6649/2018disposed of

Karuppaiah @ Vijay, v. The Inspector Of Police,

2018-04-28Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twenty Eighth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6649 of 2018 KARUPPAIAH @ VIJAY, ... PETITIONERS/ACCUSED NO.1 Vs STATE THROUGH THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGUDI, PUDUKOTTAI DISTRICT.

CRIME NO.(NOT KNOWN OF 2018) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.MAHESWARAN Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner has been shown as an accused in Crime No. 4 of 2018 on the file of the respondent police for the offences under Sections 5(j)(ii) and 6 of Protection of Child from Sexual Offences Act, 2012. The defacto complainant has alleged that the petitioner herein had illicit physical relationship with her and the defacto complainant is now in the seventh month of pregnancy.

2. When the matter was taken up for hearing, the petitioner through his counsel has filed an affidavit before this Court denying the allegations and offering to undergo DNA test to prove his innocence.

3. This Court, taking on record the submission of the petitioner, inclined to grant Anticipatory Bail for a period of five months. After the defacto complainant gives birth to the child, the respondent police will arrange a DNA test to be conducted. Based on the outcome of the DNA test, this Court can take a decision in this matter whether the interim order is absolute or to cancel the interim order already granted.

4. This Court is inclined to grant Interim Anticipatory Bail to the petitioners with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his https://hcservices.ecourts.gov.in/hcservices/

appearance before the learned Judicial Magistrate cum District Court, Alangudi, Pudukottai District and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 5.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 shall stand dismissed.

sd/- 28/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, CUM DISTRICT COURT, ALANGUDI, PUDUKOTTAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGUDI, PUDUKOTTAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.MAHESWARAN Advocate SR.No.7781

ORDER

IN CRL OP(MD) No.6649 of 2018 Date :28/04/2018 SMA/PN/ASVM/04.05.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/