Thangapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Thangapandi ... Petitioner/Petitioner/Petitioner/ Petitioner/ Sole Accused Vs State represented by The Inspector of Police, Singampunari Police Station, Sivagangai District.

Crime No.60 of 2023.

... Respondent/Respondent/Respondent/ Respondent/Complainant For Petitioner : M/s.Pitchai Muthu, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.60 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Sole Accused herein, who was arrested and remanded to 1/4

custody on 13.04.2023 for the alleged offences under Sections 5(1) r/w Section 6 of POCSO Act, 2012, in Crime No.60 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner herein on the pretext of marriage, had committed penetrative sexual assault on the minor victim girl on several occasions. Hence the complaint.

3. Learned Additional Public Prosecutor submitted that it is a case of elopement. The earlier petition was dismissed on the ground that the witnesses were not examined.

4. It is seen that the earlier petition was dismissed with a liberty to revive the application after examination of material witnesses are over. On that account, the present petition came to be filed. Learned counsel for the Additional Public Prosecutor has also confirmed that P.W.1 is the victim, who is examined in chief and also cross examined. On that basis, the present bail application came to be filed.

5. In view of the compliance of the condition passed by this Court, this Court is inclined to grant relief to the petitioner.

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6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 Fast Track Mahila Court, Sivagangai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 28/11/2023 / TRUE COPY / 28/11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1 THE JUDGE, FAST TRACK MAHILA JUDGE, SIVAGANGAI. 2 THE INSPECTOR OF POLICE SINGAMPUNARI POLICE STATION, SIVAGANGAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

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

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ORDER

IN CRL OP(MD) No.21369 of 2023 Date :28/11/2023 SS/SAR- /28/11/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4