M.Sigamani v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P. No.3463 of 2022 M.Sigamani ... Petitioner / Accused versus The State Represented by The Inspector of Police Marandahalli Police Station, Dharmapuri District.

(Crime No.14 of 2022) ... Respondent / Complainant PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail pending investigation in Crime No.14 of 2022 on the file of the respondent police.

For Petitioner : Mr.C.Palanisamy For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 22.01.2022 for the offences punishable under Sections 7, 8 of POCSO Act, 2012 in Crime No.14 of 2022, on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that the petitioner attempted to misbehave with the de facto complainant's daughter, who is aged about 17 years. Hence, the complaint. 3.

The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that, though the respondent police registered a case as against the petitioner under the provisions of POCSO Act and the act committed by the petitioner would not come under the provisions of POCSO Act. It is his specific submission that the petitioner is in judicial custody from 22.01.2022 onwards. Hence, he prays for bail.

4.

The learned Additional Public Prosecutor appearing for the respondent police raised objection stating that investigation is pending.

5.

Considered the submissions made by the learned counsel appearing on either side. The respondent police registered a case against the petitioner for the offences punishable under Sections 7, 8 of POCSO Act, 2012. The averments found in the First Information Report would disclose the fact that during the relevant point of time, the petitioner after pulling the half-saree of the victim child, attempted to close her mouth. In the meantime, the victim child attacked the petitioner and afterwards, the petitioner ran away from the scene of occurrence. The said act committed by the petitioner is within the provisions of POCSO Act or not, is a matter for trial. However, as of now, investigation is partly completed. Therefore, further custody of the petitioner may not be necessary for completing the investigation.

6.

Therefore, taking note of all the above said aspects into consideration, particularly, being the reason that a portion of investigation has been completed and the petitioner is in incarceration from 22.01.2022, this Court is inclined to grant bail to the petitioner subject to certain conditions. 7.

Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute 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 the Fast Track Mahila Court, Dharmapuri; (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to appear before the respondent police daily at 10.00 a.m. until further orders; (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 Judicial 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.

-sd/- 22/02/2022 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 FAST TRACK MAHILA COURT, DHARMAPURI 2 THE JAILER, HARUR SUB JAIL, DHARMAPURI DISTRICT.

3 INSPECTOR OF POLICE, MARANDAHALLI POLICE STATION, DHARMAPURI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S C. PALANISAMY Advocate on payment of necessary charges CRL OP.3463/2022 Date :22/02/2022 RVR 23/02/2022