Petitioner's bail plea was allowed in a POCSO case involving charge of murder. Court found no overt act attributed to him causing victim's death. Bail granted on bond with sureties and reporting conditions.
Petitioner released on bail on bond of Rs.25,000 with two sureties for reporting and compliance conditions.
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.
CRL OP(MD). No.8557 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 05/05/2022
PRESENT
The Hon`ble Mr.Justice M.S.RAMESH
CRL OP(MD). No.8557 of 2022
Sahul Hameed
... Petitioner/3rd Accused
Vs
The State rep.by, The Inspector of Police, Melur Police Station, Madurai District. (Crime No.88 of 2022). ... Respondent/ Complainant
For Petitioner : Mr.D.Venkatesh, Advocate. For Respondent : Mr.A.Thiruvadikumar, Additional Public Prosecutor.
PETITION FOR BAIL Under Section 439 of Cr.P.C.
PRAYER :-For Bail in Crime No.88 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioner/Accused No.3, who was arrested and remanded judicial custody on 06.03.2022 for the offences punishable under Sections 5(l) & 6 of the Protection of Children from sexual offences (POCSO) Act 2012 @ 143, 366(A) & 302 IPC and Section 5(l) & 6 of the Protection of Children from sexual offences (POCSO) Act 2012 in Crime No.88 of 2022, on the file of the respondent police, seeks bail.
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CRL OP(MD). No.8557 of 2022
bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal Special Court for trial of cases under POCSO Act, Madurai.
(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter as and when required for interrogation;
(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial;
(v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
sd/05/05/2022 / TRUE COPY / 05/05/2022
Sub-Assistant Registrar (C.S.)
Madurai Bench of Madras High Court, Madurai - 625 023. TO
1 THE PRINCIPAL SPECIAL COURT FOR TRIAL OF CASES UNDER POCSO ACT, MADURAI.
2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
3 THE INSPECTOR OF POLICE
MELUR POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to Mr.D.VENKATESH, Advocate ( SR-4299[I] dated 05/05/2022 )
ORDER
IN
CRL OP(MD) No.8557 of 2022 Date :05/05/2022 AAV
https://hcservices.ecourts.gov.in/hcservices/ MK/GSV/SAR.III/05.05.2022/2P/6C
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2 issues framed by the court
Whether the petitioner, accused in a POCSO case involving alleged death of a victim, is entitled to bail.
What conditions should be imposed on the petitioner while on bail.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaExplained¶28
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
4 provisions across 3 enactments
Sahul Hameed
The State rep.by, The Inspector of Police, Melur Police Station
M.S.RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
