Yuvaraj v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE SUNDER MOHAN Yuvaraj ... Petitioner / Accused
Versus
State Rep. By The Inspector of Police, Arani All Women Police Station (AWPS), Tiruvannamalai District.
(Crime No.11 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail pending investigation in Spl.S.C.No.130 of 2024 on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai. For Petitioner : Mr. E. Sathiyaraj.
For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate (Crl. Side).
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 03.07.2024, 1/6
seeking bail in Crime No.11 of 2024 registered for the offence under Section 376AB of IPC and Sections 5(l), 5(m), 5(n), 6(1) of the POCSO Act, 2012.
2.The case of the prosecution is that the petitioner had illicit intimacy with A3, mother of the victim child aged 12 years; that A1, father of the victim had sexually abused her and therefore, A3 lived with the petitioner at Chennai; and that in the month of May 2024, the petitioner took the victim girl to a godown and committed penetrative sexual assault. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case; and that the coaccused A1 and A3 have been released on bail and the victim has deposed before the trial Court; and that the petitioner is in custody from 03.07.2024 and considering the period of incarceration and since further custody is not required, the petitioner may be released on bail. 2/6
4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and further submitted that the co-accused have been released on bail and the victim has been examined before the trial Court.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering the period of incarceration from 03.07.2024; that the victim has been examined before the trial court and the co-accused have been released on bail; and that since further custody is not required, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai.
3/6
[a] 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 shall report before the trial Court on all hearing dates, until further orders; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 269 B.N.S. 19.02.2025 ay 4/6
To 1.The Public Prosecutor, High Court of Madras, Chennai.
2.The Inspector of Police, Arani All Women Police Station (AWPS), Tiruvannamalai District.
3.Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai 4.The Central Prison, Vellore.
5/6
SUNDER MOHAN. J, ay 19.02.2025 6/6