Elgin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Elgin ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

Cr.No.16/2021.

... Respondent/Complainant For Petitioner : Mr.C.Susi Kumar, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.16 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 11(1), 11(4) and 12 of Protection of Child from Sexual Offences Act, in Crime No.16 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the accused had followed the victim girl and proposed his love, which was not liked by the victim and the same was brought to the notice of the father of the victim. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is aged about 19 years only and without knowing the consequence indulged in the offence and now he released his mistake and he filed an undertaking stating that he will not indulge in these kind of activities in future and not follow the victim girl. 1/3

Hence, prays to release him on anticipatory bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based on the complaint given by the victim girl's father, this case was registered and that the petitioner is not having any previous case at his credit. 5.Reading of the FIR shows that the victim girl was studying in 10th standard and this petitioner followed the victim and proposed his love. The petitioner also realised his mistake and filed an affidavit.

6.Considering the age of the petitioner and affidavit filed by him, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Special Judge, Special Court for POCSO Act Cases, Tirunelveli and 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 learned Judge concerned and the petitioner shall appear before the respondent police once in a week, ie., on Sunday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 8.The petitioner shall appear before the concerned Judge within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

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TO 1.The Special Judge, Special Court for POCSO Act Cases, Tirunelveli.

2.The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

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

ORDER

IN CRL OP(MD) No.18130 of 2021 Date :23/12/2021 RS/CN/SAR.1(05.01.2022) 3P-4C 3/3