Selvam v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Selvam

... Petitioner/Sole Accused Vs. The State rep.by, The Inspector of Police, All Women Police Station, Andipatti, Theni District. (Crime No.21 of 2023). ... Respondent/Complainant For Petitioner : Mr.P.Sengutturasan, Advocate

For Respondent : Mr.B.Nambiselvam,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.21 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 08.07.2023 for the offence punishable under Sections 3, 4 of POCSO Act and 376(3) of IPC, in Crime No.21 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that because of love affair between the defacto complainant and this petitioner, the petitioner went to the house of the victim to meet her, at that time, the victim's mother saw the petitoner and lodged the complaint stating that he is having illegal contact with the minor girl at her house and the same was seen by the parents of the minor girl.

¶3The learned counsel for the petitioner would submit that it is the love affair between the petitioner and the victim girl, but that was not liked by the parents of the victim, over which, the present complaint has been given. Now he is ready to marry the victim girl, after she attain majority.

¶4The learned Additional Public Prosecutor would submit that the victim is aged about 15 years at that time of occurrence. The statement was recorded during the course of investigaiton, wherein it has been stated that the victim has loved the petitioner for some time, when that was came to know to her parents, that was objected by them, so that the complaint has been given. Both the victim and petitioner were subjected to medical examination, in which, it was found that victim's hymen was not intact. Further, most part of investigation is over.

5.Considering the facts and circumstances of this case and also considering the period of incarceration undergone by the petitioner and most part of investigation is completed, this Court is inclined to grant bail to the petitioner with stringent 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/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Fast Tract Mahila Court, Theni, and on further condition that the CRLeOP(MD).eNo.14627eofe2023 petitioneroshalloreportobeforeotheorespondentoPoliceodailyoato10.30oa.m.ountilofurther orders.o oooooooooooooooooooooooooooooooooooooo oosd/- ooooooooooooooooooooooooooooooooooooo ooo10/08/2023ooooo ooooooooooooooooooooooooooooooooooo oo oooo oooo ooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo ooooooooooooo10/08/2023 ooooooooooooooooooooooooooo ooooooooooooSub-AssistantoRegistraro(C.S.) ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo ooooooooMaduraio-o625o023.oo indu TO

1.THEoJUDGE, oooFASToTRACToMAHILAoCOURT,o ooTHENI. 2oTHEoINSPECTORoOFoPOLICE, ooALLoWOMENoPOLICEoSTATION, ooANDIPATTI,o ooTHENIoDISTRICT. 3oTHEoOFFICERoINCHARGE, oooDISTRICToPRISON, oooTHENI.

4.oTHEoADDITIONALoPUBLICoPROSECUTOR, ooooMADURAIoBENCHoOFoMADRASoHIGHoCOURT,ooo ooooMADURAI.ooooooooooo +1 CC to M/s.P.SENGUTTUARASAN, Advocate ( SR-12083[I] dated 10/08/2023 ) ORDER IN CRL OP(MD) No.14627 of 2023 Date :10/08/2023

RK/ (09/08/2023) 5P /6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023