Sanjai v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.4823 of 2022 Sanjai .. Petitioner Vs.

State rep. by .. Respondent The Inspector of Police, Erode All Women Police Station, Erode District.

(Crime No.6 of 2022) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.6 of 2022 on pending investigation on the file of the respondent police seeks bail.

For Petitioner : Mr.C.S.Saravanan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.02.2022 for the offences punishable under Sections 11 (1), 11(5), 12 of Protection of Children from Sexual Offences (POCSO) Act 2012 in Crime No.6 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner herein was arrested on 01.02.2022, the case of the prosecution is that the petitioner attempted to misbehave with the victim minor girl aged about 16, who is the cousin of the petitioner.

3. The learned Counsel for the petitioner states that the victim girl and the petitioner are relatives, due to family dispute, a false case has been filed against the petitioner. Hence, he prays for bail.

4. The learned Additional Public Prosecutor submits that the statement under section 164 Cr.P.C. of the victim girl has been recorded by the learned Magistrate and major part of the investigation has already completed.

5. Considering the allegation levelled against the petitioner and also considering that the investigation almost completed and 164 statement of the victim girl has also been recorded, this Court is inclined to grant bail to the petitioner subject to the following conditions.

(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the Learned Sessions, Magalir Neethi Mandram, (Fast Track Mahila Court), Erode.

(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 Investigating Officer daily at 10.30. am., 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/- 14/03/2022 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,MAGALIR NEETHI MANDRAM, (FAST TRACK MAHILA COURT), ERODE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ERODE DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

CC to M/S C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.4823/2022 Date :14/03/2022 TA-15/03/2022