R. Ramkannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19118 of 2021 R.Ramkannan ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Thallakulam All Women Police Station, Madurai District.

(Crime No.30 of 2021).

... Respondent/Complainant For Petitioner : Mr.Thamimul Ansari.N., Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.30 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner is facing charges under Section 15(1) of POCSO Act, 2012 and Section 67B(b) of Information Technology (Amendment) Act, 2008, in Crime No.30 of 2021 on the file of the respondent police.

2.As per the direction of this Court, the petitioner appeared before the respondent police and also surrendered his mobile-phone, simcard as well as his facebook account number. 3.The learned Additional Public Prosecutor (Crl. Side) for the respondent submitted that those articles have been collected from the petitioner and the same has been sent to the Forensic Science Laboratory, Chennai for examination.

4.Since the lab report is awaited, the matter cannot be kept pending and only interim bail can be granted to the petitioner till the receipt of the report from the concerned Lab. Hence, this Court is inclined to grant interim anticipatory bail to the petitioner. 5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned District Judge, Special Court POCSO Act Cases, Madurai, 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 shall stand dismissed. If any incriminate is noticed against the petitioner, then he has to surrender before the respondent police or before the concerned Court to seek regular bail. On receipt of the report from the concerned Lab, notice must be sent to the petitioner giving him an opportunity to surrender.

Sd/- 29/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

MM 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 DISTRICT JUDGE, SPECIAL COURT POCSO ACT CASES, MADURAI.

2. THE INSPECTOR OF POLICE, THALLAKULAM ALL WOMEN POLICE STATION, MADURAI DISTRICT.

3. THE FORENSIC SCIENCE LABORATORY, CHENNAI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. THAMIMUL ANSARI.N. Advocate SR.No.6410

ORDER

IN CRL OP(MD) No.19118 of 2021 Date :29/06/2022 SP/SVR/SAR I/14/07/2022/3P/6C