Crl. O.P. Nos. 225, 330, 384, 657, 840, 841, 1331 and 2387 of 2015. Case: T. Sundar and Ors. Vs The Superintendent of Police and Ors.. High Court of Madras (India)
| Case Number | Crl. O.P. Nos. 225, 330, 384, 657, 840, 841, 1331 and 2387 of 2015 |
| Counsel | For Appellant: P.S. Ganesh & Associates and For Respondents: The Special Public Prosecutor |
| Judges | P. Devadass, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 161, 164, 438; Immoral Traffic (Prevention) Act, 1956 - Sections 3, 4, 5, 7; Indian Penal Code 1860, (IPC) - Sections 34, 346, 376, 506(i); Information Technology Act, 2000 - Section 67; Protection of Children from Sexual offences Act, 2012 - Sections 16, 4, 6 |
| Judgement Date | February 23, 2015 |
| Court | High Court of Madras (India) |
Order:
P. Devadass, J.
-
Since there is common factual matrix, common arguments have been heard and thus this common order is being rendered.
-
Petitioners are members of Puducherry Police.
-
Out of them petitioner Rajaram has now retired.
-
Petitioners seeks anticipatory bail. Their details are as under:-
-
Learned Senior Counsels and the learned counsels appearing for the petitioners have submitted that the petitioners have been implicated in this case. Petitioners are not named in the FIR. Long after the registration of the case, based on the report of an Identification Parade conducted through video conferencing on 18.12.2014, petitioners have been implicated in this case. There is no concrete incriminating materials to include them in this case.
-
The learned counsels also contended that now that the identification parade is over, petitioners cannot interfere with the investigation. They are ready to co-operate with the Investigation Agency. Co-accused were already granted bail. A-9 Tamil Selvan, who was included in this case, based on similar basis has been granted bail.
-
The learned Senior Counsel appearing for petitioner Rajaram also contended that the alleged occurrence was on 11.4.2014. However, even before that on 31.1.2013, Rajaram has retired from Puducherry Police Service. He has been asked to put on police uniform and was included in the parade and was also included as an accused in this case. There is no acceptable basis to include him in this case.
-
The learned Senior Public Prosecutor, Union Territory of Puducherry contended that at the identification parade, petitioners were identified by the minor victim girls. There is incriminating materials as against them. Their custodial interrogation is necessary. In the circumstances, steps were taken to apprehend them. However, they went underground.
-
The learned Senior Public Prosecutor also contended that the petitioners are involved in child sex racket. They have no regard for law. They are like fence eating the grass. Possibility of they criminally intimidating the poor victim girls cannot be ruled out. If let out, they will interfere with the investigation and also flee away from justice.
-
The learned counsel for the Intervenor submitted that the petitioners have committed an heinous and inhuman act on poor minor girls. They acted like vultures. They are animals in police uniform. They have no respect for law and law enforcement. They are wielding enormous power...
To continue reading
Request your trial