Jebastin v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Crl.O.P.No.1415 of 2023 Jabastin Petitioner Vs...

State represented by The Inspector of Police, All Women Police Station, Vellore,Vellore District.

(Crime No.27 of 2022).

Respondent Prayer:- Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.27 of 2022 on the file of the Inspector of Police, All Women Police Station, Vellore, Vellore District. For Appellant :

Mr.G.Vinodh Kumar For Respondent :

Mr.N. Muthuvel Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.09.2022 for the alleged offence under Sections 376, 506(i) of IPC r/w 4,5(1), 5(n), 5(1)(j)(ii) and 6 of POCSO Act 2012 in Crime No.27 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that 19.09.2022 at about 10.00 hours, the petitioner who is the elder son of the defacto complainant had sexual relationship with his own sister, who is the daughter of the defacto complainant. Hence, the complaint has been lodged by the the defacto complainant who is the mother of the petitioner and the victim. 3.The learned counsel for the petitioner would submit that this bail petitioner has been filed for the second occasion since the earlier bail petition in Crl. O.P. No.32400 of 2022 was dismissed by order dated 28.12.2022 by this Court. The petitioner is innocent and he is no way connected with the alleged offence and the petitioner is in incarnation from 20.09.2022 to till date. Hence, seeks bail .

4. Per contra, the learned Government Advocate(Crl.side) would submit that the petitioner is in incarnation from 20.09.2022 till date. Investigation has been completed and charge sheet has been filed. However, considering the gravity of the offence, he strongly opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact, the petitioner is in incarceration from 20.09.2022 till date and investigation has been completed and charge sheet has also been filed, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of of the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Vellore, and on further condition that:

[a] the petitioner and 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.

[b] the petitioner is directed to report before the respondent police daily 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

30.01.2023 Lbm To

1. The Special Judge for Exclusive Trial of Cases under POCSO Act, Vellore,

2. The Superintendent The Central Prison, Vellore.

3. The Inspector of Police, All Women Police Station, Vellore,Vellore District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.1415 of 2023