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Madras High CourtCRL OP(MD)/15033/2019granted

Krishnamoorthy v. The Inspector Of Police

2020-01-20Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.15033 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.15033 of 2019

1. Krishnamoorthy,

2. Chandru, ... Petitioners/Accused Vs The Inspector of Police, Manamadurai Police Station, Sivagangai District.

Crime No.378/2019.

... Respondent/Complainant For Petitioner : M/s. G. Bhagavath Singh, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- FOR ANTICIPATORY BAIL IN CRIME NO. 378 OF 2019 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 342, 354(C),376(3), 366(A), 509 of I.P.C. and Sections 6, 12, 14(1) of POCSO Act and Section 67(B) of Information Technology Act, in Crime No.378 of 2019 on the file of the respondent police, seek anticipatory bail.

3. The petitioners' counsel states that the petitioners have not been implicated in the First Information Report and they have not directly caused any harm to the victim. They have only shared the offending videos. The petitioners have already handed over the mobile phones to the respondent.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.15033 of 2019

4. The learned Government Advocate(Crl. Side) states that the petitioners are yet to part with the passwords. The petitioners' counsel on instructions states that the petitioners will part with the passwords.

5. Recording the said undertaking given by the petitioners' counsel, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Manamadurai, and on their 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of seven more days and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioners 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/- 20/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MANAMADURAI.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.G.BHAGAVATH SINGH, Advocate ( SR-941[I] dated 20/01/2020 )

ORDER

IN CRL OP(MD) No.15033 of 2019 Date :20/01/2020 PMU AE/JC/SAR-I (24.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2