The Madurai Bench of Madras High Court granted anticipatory bail to petitioners accused of cheating, rape, threat, and offences under the POCSO Act. Bail was subject to a bond and daily appearance conditions.
Petitioners ordered to be released on bail executing a bond for Rs. 10,000 with two sureties and appearing daily before police.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Tuesday, the Twenty Eighth day of April Two Thousand Fifteen
PRESENT
The Hon`ble Mr Justice K.KALYANASUNDARAM
CRL OP(MD) Nos.8095 & 8142 of 2015
1 POOCHIAMMAL
2 KUTTIPANDI 3 ALAGU NACHAN ... PETITIONERS/ ACCUSED 3,5 & 6 IN CRL OP(MD) No.8095 of 2015
1.MEYANAN 2.MOORTHY ... PETITIONERS/ ACCUSED 7 & 8 IN CRL OP(MD) No.8142 of 2015
Vs
THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
IN CR. NO. 8/2015. ... RESPONDENT / COMPLAINANT IN BOTH PETITIONS
For Petitioner : M/S.G.MARIMUTHU Advocate IN BOTH PETITIONS
For Respondent : M/S.K.V.Rajarajan Government Advocate (Crl.Side) IN BOTH PETITIONS
PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioners, who are arrayed as accused Nos.3 and 5 to 8 in Crime No.8 of 2015 on the file of the respondent, apprehends arrest for the alleged offences under Sections 417, 376 and 506(ii) IPC r/w. Section 4 of Prevention of Child from Sexual Offences Act.
petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on their 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 Judicial Magistrate No.II, Virudhnagar and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.)
TO
1 THE JUDICIAL MAGISTRATE, NO.II, VIRUDHUNAGAR.
2 Do – Through THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE
ALL WOMEN POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
TS/29.04.2015/2P-7C
ORDER
IN
CRL OP(MD) Nos.8095 & 8142 of 2015 Date :28/04/2015
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest under Sections 417, 376 IPC and Section 4 POCSO.
Whether conditions such as daily appearance before police and execution of a bond with sureties are appropriate for the petitioners.
5 provisions across 3 enactments
POOCHIAMMAL
KUTTIPANDI
ALAGU NACHAN
MEYANAN
MOORTHY
THE STATE
K.KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
