P.Mugesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.131 of 2022 P.Mukesh

...Petitioner

Versus

State By, The Inspector of Police Elavanasurkottai Police Station Kallakurichi District (Crime No.396 of 2021)

...Respondent

PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his Arrest in Crime No.396 of 2021, pending on the file of Respondent Police.

For Petitioner : Mr.G.Balamanikandan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 366 of I.P.C. r/w 3(a), 4 & 17 of the Protection of Children from Sexual Offences Act, 2012 in Crime No. 396 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons had kidnapped the victim girl, aged about 16 years. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the statement under Section 164 Cr.P.C., has been recorded from the victim girl and the victim girl has been secured. He further submitted that the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the victim girl has been secured and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the Learned Special Judge for exclusive trial of cases under POCSO Act, Villupuram, on condition that the petitioner shall execute a bond for a sum of Rs.

(b) the petitioner shall report before the respondent police on every Wednesday at 10.30 a.m. until further orders. (c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 06/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, VILLUPURAM.

2 THE INSPECTOR OF POLICE, ELAVANASURKOTTAI POLICE STATION, KALLAKURICHI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.G.BALAMANIKANDAN Advocate on payment of necessary charges SR.No.318 CRL OP.131/2022 Date :06/01/2022 CSK 12/01/2022