Silambarasan 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.561 of 2022 Silambarasan ... Petitioner Vs.
State rep by The Inspector of Police, Bhavanisankar Police Station, Erode District.
(Cr.No.308 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.308 of 2021 on the file of the respondent.
For Petitioner : Mr.Maheswaran For Respondent : Mr.N.S.Suganthan Government Advocate(Crl.Side)
ORDER
The petitioner who was arrested and remanded to judicial custody on 24.11.2021 for the offences under Section 366 (A) of IPC and section 5(1), 6 and 17 of Protection of Children from Sexual Offences (POCSO) Act 2012 in Crime No.308 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner is the friend of A1. It is alleged that A1 kidnapped the victim minor girl and had penetrative sexual assault with her. It is further alleged that the petitioner is said to have given shelter and aided to A1. 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 24.11.2021. Hence, he seeks to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) on instructions submits the statement of he victim girl under Section 164 Cr.P.C has been recorded and the investigation 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 Mahila Court(Fast Track Mahila Court) Erode 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 everyday 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 MAHILA COURT, (FAST TRACK MAHILA COURT), ERODE.
2 THE INSPECTOR OF POLICE, BHAVANISANKAR POLICE STATION, ERODE DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.MAHESWARAN Advocate on payment of necessary charges CRL OP.561/2022 Date :12/01/2022 JPA 19/01/2022