← Library
Madras High CourtCRL OP(MD)/19275/2019partly allowed

Alla Pitchai v. The Inspector Of Police

2019-12-20Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Alla Pitchai,

2. Samsu Nisha,

3. Banu @ Firthous Banu, ... Petitioners/Accused Nos.1 to 3 Vs State represented The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

(Crime No. 522 of 2019) On the File of the Vadipatty Police Station, Madurai).

... Respondent/Complainant For Petitioners : M/s. S.M.A. Jinnah, 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.522 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 under section Girl Missing @ 366A of I.P.C. r/w. Sections 5(1), 6, 16 and 17 of Protection of Children 1/3

from Sexual Offences Act, in Crime No.522 of 2019, on the file of the respondent police, seek anticipatory bail.

3. The primary allegations are only against the first petitioner. The victim is aged about 17 years. On going through her statement, it is seen that the first petitioner had induced her to accompany him and he had forcible sexual relationship with her. The victim is minor girl. Therefore, I am not inclined to grant relief to the first petitioner and the criminal original petition stands dismissed as far as the first petitioner is concerned.

4. The second petitioner is the mother while the third petitioner is the sister of the first petitioner. Therefore, I am inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions. Accordingly, the petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Vadipatty, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 2 and 3 shall appear before the respondent police as and when required for interrogation. The petitioners 2 and 3 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioners 2 and 3 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/- 20/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, VADIPATTY.

2. DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT. (

4. THE INSPECTOR OF POLICE, VADIPATTY POLICE STATION, MADURAI DISTRICT.

2/3

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.M.A.JINNAH, Advocate ( SR-22410[I] dated 20/12/2019 )

ORDER

IN CRL OP(MD) No.19275 of 2019 Date :20/12/2019 IAS AE/VR/SAR-IV (03.01.2020) 3P 7C 3/3