Panneerselvam v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.912 of 2022 Panneerselvam .. Petitioner Vs.

State Rep. by ... Respondent The Inspector of Police, Kangayam AWPS (Cr.No.10 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.10 of 2021 on the file of the respondent Police.

For Petitioner : Mr.J.Franklin, for Mr.S.Karthick For Respondent : Mr.N.S.Suganthan Government Advocate(Crl.Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 13.11.2021 for the offences under Section 9 of the Prohibition of Child Marriage Act and sections 5(j)(ii), 5(l) r/w. 6 of Protection of Children from Sexual Offences (POCSO) Act 2012 in Crime No.10 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had sexual relationship with the victim girl and thereby the victim got pregnant. Hence, the complaint.

3. The learned Counsel for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that he was suffering incarceration for two months from 13.11.2021. Hence, he seeks to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would raise objection stating that this is the second bail application. The first

bail application was dismissed by this Court on 22.12.2021. On instruction, the learned Government Advocate (Crl. Side) would submit that the petitioner who is aged about 19 years had love affair with the victim girl who is aged about 14 years. The petitioner had sexual relationship with the minor girl. The statement of the victim girl under Section 164 Cr.P.C has been recorded. He further submits that the investigation was almost completed. However, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that petitioner is ready to take care of the victim girl in future and to that effect, the petitioner shall file an undertaking affidavit before the Court below, this court is inclined to grant bail to the petitioner with conditions.

[a] the Petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release; [b] the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the Magalir Neethimandram (Fast track Mahila Court) Tiruppur within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically;

[c]the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [d] the petitioner shall report before the respondent police on every Tuesday and Saturday at 10.30 a.m. until further orders; [e] the petitioner shall file an undertaking affidavit before the concerned Court, failing which the bail granted by this Court shall stand dismissed automatically;

[f]the petitioner shall not tamper with evidence or witness either during investigation or trial;

[g] the petitioner shall not abscond either during investigation or trial;

[h] 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;

[i]if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 12/01/2022 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 MAGALIR NEETHIMANDRAM, (FAST TRACK MAHILA COURT),TIRUPPUR.

2 THE INSPECTOR OF POLICE, KANGAYAM AWPS, TIRUPPUR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.KARTHICK Advocate on payment of necessary charges CRL OP.912/2022 Date :12/01/2022 CSK 19/01/2022