Karthi v. 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.523 of 2022 Karthi .. Petitioner Vs.

State rep by The Inspector of Police, All Women Police Station, Mamallapuram, Chengalpattu District (Cr.No.618 of 2021) ...

Respondent PRAYER: Criminal Original Petition has been filed under Section 437 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.618 of 2021 pending investigation on the file of the respondent. For Petitioner : Mr.E.Kannadasan for Mr.M.Machavatharan For Respondent : Mr.N.S.Suganthan Government Advocate(Crl.Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 21.11.2021 for the offences under girl missing subsequently altered into 366, 366 (A), 376(1) of IPC r/w section 4 of Protection of Children from Sexual Offences (POCSO) Act 2012 and section 7 of Prohibition of child marriage Act. in Crime No.618 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim girl aged about 17 years is the daughter of the defacto complainant. It is alleged that the petitioner kidnapped the victim minor girl and performed sexual intercourse with her on the pretext of marrying her and thereby performed marriage. 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 the petitioner has been suffering incarceration from 21.11.2021. Hence, he seeks to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) on instructions submits that the statement of he victim girl under Section 164 Cr.P.C has been recorded and further 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 considering the submissions made by both counsel and also considering the period of incarceration undergone by the petitioner, 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 learned Sessions Judge, Special Court for exclusive Trial of cases under POCSO ACT, chengalpattu 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 Tuesday and Saturday at 10.30 a.m. until further orders; [e]the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

[g] 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;

[h]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 SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, CHENGALPATTU.

2 THE OFFICER INCHARGE, SUB JAIL, CHENGALPATTU.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MAMALLAPURAM, CHENGALPATTU DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M. MACHAVATHARAN Advocate on payment of necessary charges CRL OP.523/2022 Date :12/01/2022 RW 19/01/2022