CRL OP(MD)/24078/2016 of SARAVANAN Vs THE INSPECTOR OF POLICE on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand Sixteen PRESENT

The Hon`ble Mr Justice R.MAHADEVAN

CRL OP(MD) Nos.24078, 24179, 24202 and 24203 of 2016

KAMALUTHEEN

1 THANGARASU2 CHITRA

BALAKRISHNAN

Vs.

THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION,KARAIKUDI TALUK,SIVAGANGAI DISTRICT.... RESPONDENT / COMPLAINANT(CRIME NO. 21 OF 2016)IN ALL THE PETITIONS

For Petitioner : M/S.H.MOHAMMED IMRAN, AdvocateIN CRL.OP(MD)No.24203 of 2016

For Respondent : MR.P.KANDASAMY, Government Advocate(Crl.Side) https://hcservices.ecourts.gov.in/hcservices/IN ALL THE PETITIONS

PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/Accused, who were arrested and remanded tojudicial custody on 01.12.2016, 27.11.2016, 28.11.2016 and27.11.2016 respectively for the alleged offences punishable underSections 5(1)(i) ITP and 370(A)(5), 373 I.P.C. and 17 of POSCO 3(i)(w-1,II) 3(ii)(V)(a) of SC/ST (POA) Act r/w 5(1)(1)6 ITP Act and 370(A)(5), 373 I.P.C. and 3 r/w 4, 17 of POSCO Act 2012, 3(i)(w-1, II),3(ii)(V)(a) of SC/ST (POA) Act in Crime No.21 of 2016 on the file ofthe respondent police and hence, seek bail.

2. The case of the prosecution is that the minor girl was putinto a prostitution by A.1 and A.2 and she was sexually harassed bythe petitioners herein and the victim girl has also identified theaccused during the course of investigation and on the basis of theconfession statement given by the victim girl before the JudicialMagistrate under Section 164 Cr.P.C., the petitioners were arrested.

3. The learned counsel for the petitioners states that thepetitioners are innocent and they have been falsely implicated inthis case with an intention to spoil the image and integrity of thepetitioners.

4. The learned Government Advocate(Crl. Side) appearing for therespondent on instructions submitted that the co-accused werealready released on bail.

5. Considering the above facts and circumstances of the caseand the period of incarceration undergone by the petitioners, thisCourt is inclined to grant bail to the petitioners with certainconditions. Accordingly, the petitioners are ordered to be releasedon bail on each of them executing a bond for a sum of Rs.50,000/-(Rupees One Lakh only) with two sureties each for a like sum to thesatisfaction of the learned Sessions Judge, Fast Track Mahila Court,Sivagangai and on further condition that the petitioners shallappear before the respondent police daily twice at 10.30 a.m., and05.30 p.m. until further orders.

29/12/2016

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court, Madurai - 625 023.

3

TO

1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, SIVAGANGAI.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI TALUK, SIVAGANGAI DISTRICT. KARAIKUDI TALUK, SIVAGANGAI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

5 THE OFFICER-IN-CHARGE,CENTRAL SPECIAL PRISON FOR WOMEN, MADURAI.

6 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

+1. CC to M/S.R.KARUNANIDHI, Advocate SR.No.83684.

+1. CC to M/S.R.SENTHILKUMAR, Advocate SR.No.83687.

+1. CC to M/S.S.SATHYA CHIDHAMBARAM, Advocate SR.No.83739.

+1. CC to M/S.H.MOHAMMED IMRAN, Advocate SR.No.83660.

ORDER IN

CRL OP(MD) Nos.24078, 24179,

24202 and 24203 of 2016

Date :29/12/2016

msm-sks-rr/sar2/29.12.16/p3/11c