Kadappan v. The Inspector Of Police
CRL OP(MD). No.19167 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19167 of 2019 KADAPPAN ... PETITIONER/ACCUSED VS STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMENS POLICE STATION, TIRUMAYAM, PUDUKKOTTAI DISTRICT.
(CRIME NO.02 OF 2019).
... RESPONDENT/COMPLAINANT For Petitioner : M/s. M. Asokan, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- for Bail in Crime No.02 of 2019 on the file of the respondent police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner is in custody since 23.03.2019 for the offences punishable under sections 5(k), 5(l), 6 of POCSO Act, and 506(i) I.P.C., in Crime No.02 of 2019 on the file of the respondent police. He seeks bail.
3.The prosecution states that the trial had commenced. But the material witnesses have turned hostile. In these circumstances, the continued incarceration of the petitioner is not warranted. Hence, bail is granted.
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CRL OP(MD). No.19167 of 2019 4.Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;
(i) 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 Additional District and Sessions Judge, Mahila Court, Pudukkottai.
(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 27/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE MAHILA COURT, PUDUKOTTAI 2 THE INSPECTOR OF POLICE, ALL WOMENS POLICE STATION, THIRUMAYAM, PUDUKOTTAI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.ASOKAN, Advocate ( SR-1491[I] dated 27/01/2020 )
ORDER
IN CRL OP(MD) No.19167 of 2019 Date :27/01/2020 RMI JM/PN/SAR 4/27.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2