S.Ramesh v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN S.Ramesh

...Petitioner/Accused

Vs.

State of Tamilnadu, Rep. by Inspector of Police, All Women Police Station, Avinashi, Tirupur District.

(Crime No.1 of 2024)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.1 of 2024 on the file of the respondent, All Women Police Station, Avinashi, Tirupur District. For Petitioner : Mr.P.Kalimuthu For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/5

ORDER

The petitioner seeks bail in Crime No.1 of 2024, registered by the respondent police for the offences punishable under Section 7 r/w 8 of POCSO Act, 2012. The petitioner had been taken into custody on 09.01.2024.

2.This Court had benefited on perusal of the statement recorded under Section 164(5) of Cr.P.C., of the victim child. 3.It is the contention of the learned counsel for the petitioner that the petitioner is suffering from mental illness and taking treatment. This Court had sought a report from the Central Prison, Coimbatore, and the same had been received and on reading of the same shows that the petitioner has been diagnosed with Schizophrenia and Anti phychotics for the same.

4.It is also stated that he is on regular treatment and follow up with psychiatrist from Coimbatore Medical College and Central Prison Dispensary, Coimbatore.

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5. The learned Government Advocate (Crl.Side) for the respondent stated that further assessment will have to be done about the petitioner herein.

6.Taking all the factors into consideration and the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions:

7.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Sessions Judge(FAC), Mahalir Neethimandram(FTMC), Tirupur, and on further conditions that:- [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 respondent police everyday at 10.30 a.m., until further orders. 3/5

[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 229A IPC.

20.03.2024 rjr 4/5

C.V.KARTHIKEYAN.

J.

rjr To

1. The Sessions Judge(FAC), Mahalir Neethimandram(FTMC), Tirupur.

2. The Central Jail, Coimbatore.

3.The Inspector of Police, All Women Police Station, Avinashi, Tirupur District.

4.The Public Prosecutor, High Court of Madras.

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