CRL OP(MD)/16111/2020 of S.Gurusamy Vs The Inspector of Police on 31 December 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 31/12/2020PRESENT

The Hon`ble Mr.Justice G.ILANGOVANCRL OP(MD). No.16111 of 2020

1. S.Gurusamy

2. Marrimuthu ... Petitioner 1 to 2

Vs

State Rep. byThe Inspector of Police,Muthiyapuram Police Station, Tuticorin, Tuticorin District.

(Crime No.362/2020) .... Respondent

For Petitioners: M/s.Arumugam.S, Advocate. For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :- For Anticipatory Bail in Crime No.362/2020 on the file ofthe respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners andthe learned Government Advocate (Crl. Side) appearing for therespondent.

2. The petitioners apprehending arrest at the hands of therespondent police for the offences punishable under sections 366Aand 506(ii) of I.P.C. r/w. Sections 3A and 4 of POCSO Act, in CrimeNo.362 of 2020 on the file of the respondent police, seekanticipatory bail.

3. It is submitted that the main accused namely, Ayyanar @Kapali was released on bail by this Court on 03.12.2020 in Crl.O.P.https://hcservices.ecourts.gov.in/hcservices/(MD)No.13894 of 2020, on the basis of the statement given by the victim girl, even though the investigation is in progress. Thestatement given by the victim girl under Section 164 Cr.P.C. did notreveal much facts against the accused persons. Since there isalready an observation by this Court, on the very same ground, thepetitioners are also entitled to be released on bail.

4. In the view of the above, I am inclined to grantanticipatory bail to the petitioners with certain conditions.

5. Accordingly, petitioners are ordered to be released on bailin the event of arrest or on their appearance before the learnedSpecial Court for Exclusive Trial of Cases under POSCO Act,Thoothukudi, and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten thousand only) each with two sureties each for a likesum to the satisfaction of the respondent Police or to the PoliceOfficer, who intends to arrest or to the satisfaction of the learnedMagistrate concerned and on further condition that:

(a) The petitioners and the sureties shall affix theirphotographs and left thumb impression in the surety bond and theMagistrate may obtain a copy of their Aadhar card or Bank pass Bookto ensure their identity; (b)the petitioners shall report before the respondent policedaily at 10.30 a.m for a period of two weeks and thereafter, as andwhen required for interrogation.

(c)the petitioners shall not tamper with evidence or witnesseither during investigation or trial; (d)the petitioners shall not abscond either duringinvestigation or trial; (e)on breach of any of the aforesaid conditions, the learnedMagistrate/ Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW5560]; and; (f)if the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.

sd/-

31/12/2020

Madurai Bench of Madras High Court,

https://hcservices.ecourts.gov.in/hcservices/

Note : In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes, but,ensuring that the copy of the order that is presented is the correctcopy, shall be the responsibility of the advocate/litigantconcerned.

TO

1 THE JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THOOTHUKUDI.

2 THE INSPECTOR OF POLICE, MUTHIYAPURAM POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.

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