Sathishkumar v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.5966 of 2022 Sathishkumar .. Petitioner Vs.

State rep. by The Inspector of Police, Perambalur Police Station, Perambalur District. (Crime No.84 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.84 of 2022 on the file of the Inspector of Police, Perambalur Police Station, Perambalur District.

For Petitioner : Mr.M.Pitchaimuthu For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioner/A1, who was arrested on 27.01.2022 for the offences punishable under Sections 363, 366 of IPC and Section 5(1) read with 6, 16 & 17 of POCSO Act in Crime No.84 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner herein was arrested on 27.01.2022 based on the complaint given by the mother of the victim girl. The respondent after the arrest of this petitioner has recorded 164 statement of the victim girl and the investigation has been substantially completed. Since there is no possibility of tampering evidence and custodial interrogation is not be required, this Court grants bail to the petitioner herein and he is ordered to be released on bail 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 Judge, Mahila Court, Perambalur.

(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; https://hcservices.ecourts.gov.in/hcservices/

(c) the petitioner is directed to report before the Investigating Officer as and when required.

(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/- 16/03/2022 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 JUDGE, MAHILA COURT, PERAMBALUR 2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT CC to M/S.M.PITCHAIMUTHU Advocate on payment of necessary charges Sr.3991 CRL OP.5966/2022 Date :16/03/2022 RVR 17/03/2022 https://hcservices.ecourts.gov.in/hcservices/