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Madras High CourtCRL OP(MD)/16617/2023granted

Arunpandi v. The Inspector Of Police

2023-09-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Arunpandi, ... Petitioner/Accused No.6 Vs State Rep.by The Inspector of Police, All Woman Police Station, Thallakulam, Madurai City.

Crime No. 35 of 2023.

... Respondent/Complainant For Petitioner : M/s. Udhayakumar.R,Advocate. For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 35 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.6 herein, who was arrested on 14.06.2023 for the alleged offence under Sections 506(ii) of IPC and Sections 4(2), 5(I), 5(h) and 6, 17 of 1/4

POCSO Act, 2012, in Crime No.35 of 2023, on the file of the respondent police, seeks bail.

2.Reading of the defacto complainant's complaint shows that the victim was subjected to forcible prostitution by all the family members. In the above said event, the petitioner had involved. On that ground he was implicated. 3.The learned counsel for the petitioner would submit that there is no specific overt act against the petitioner. He is a college going student. 4.This is the second bail application filed by the petitioner. It is unfortunate to note that even after expiry of 89 days, final report has not been made ready. The respondent is present before this Court today and stated that they are awaiting medical report of the petitioner. Such sort of contention may not be appreciated. Even without documents, final report can be presented before the concerned Court and the documents can be produced at any point of time on memo.

Even though serious allegation has been made against the petitioner, the above said observation has been made by this Court, because, the petitioner is now entitled for statutory bail. 5.In view of the above, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- 2/4

(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Principal Special Court for the Exclusive Trial of POCSO Act Cases at Madurai and on further condition that the petitioner shall stay at Thirumangalam and report before the respondent police daily at 10.30 a.m., until further orders.

sd/- 13/09/2023 / TRUE COPY / 13/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO THE SESSIONS JUDGE, PRINCIPAL SPECIAL COURT FOR THE EXCLUSIVE TRIAL OF POCSO ACT CASES AT MADURAI.

THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

THE INSPECTOR OF POLICE ALL WOMAN POLICE STATION, THALLAKULAM, MADURAI CITY.

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

+1 CC to M/s.R.UDHAYA KUMAR, Advocate ( SR-13570[I] dated 13/09/2023 )

ORDER

IN CRL OP(MD) No.16617 of 2023 Date :13/09/2023 PKP/SAR- /13.09.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4