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Madras High CourtCRL OP/5472/2021granted

Balaji v. State Rep.By

2021-03-19Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.5472 of 2021 Balaji ... Petitioner Vs.

State rep. by The Inspector of Police, AWPS, South Police Station, Tiruppur Dt.

(Crime No.1800 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1800 of 2020 on the file of Respondent police. For Petitioner : Mr.K.Sudhakar For Respondent : Mr.M.Prabhavathi, Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner is a sole accused. The petitioner, who was arrested and remanded to judicial custody on 06.01.2021 for the offence punishable under Sections 366 of I.P.C. Section 9(1) r/w 10 of POCSO Act, 2012 in Crime No.1800 of 2020 on the file of respondent police, seeks bail.

2. The case of the prosecution is that the victim is a minor girl, aged about 14 years. The petitioner has loved the minor girl, thereafter, kidnapped the victim girl, and also sexually assaulted her. Based on a complaint given by the mother of victim girl, earlier, the case has been registered against the petitioner under Sec. 366 of I.P.C. and thereafter, after investigation, it was altered into Sec. 9(1) r/w 10 of POCSO Act. Accordingly, the petitioner was arrested and remanded to judicial custody on 06.01.2021. Now, this petition has been filed seeking for bail.

3. The learned counsel appearing for petitioner would submit that the petitioner was in love with the victim girl and she only voluntarily came out of the house. He would submit that the petitioner has only advised her and sent back to her parental house. He would submit that there is no allegation of sexual assault and the victim girl has also given a statement under Sec.164 of Crl.P.C. before the Judicial Magistrate, which would clearly show that there is no sexual assault and the petitioner only sent her back to parental house. In the meantime, the complaint was given by the mother of victim girl and he was arrested on 06.01.2021 and he is in jail for more than two months. He would submit that he is an innocent person and he is no way connected with the offence as alleged in the complaint. He would submit that he has been falsely implicated in the present case. Hence, he prayed to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the victim girl is a 14 years minor girl and the petitioner has kidnapped her. Hence, the crime was registered against him. Now, the investigation would reveals that victim girl has given a statement under Sec.164 of Cr.P.C. before the Judicial Magistrate. She would also submit that there is no bad antecedents pending against the petitioner and the investigation is almost completed. Hence, she strongly opposed to grant bail to the petitioner.

5. On perusal of records including the statement of victim girl recorded under Sec.164 of Cr.P.C., it would show that victim girl is not supporting the prosecution case, and she has only stated that she on her own gone to the petitioner's house and he has advised her to wait till she attains majority and sent back her to the parental house. There is no allegation of sexual assault. On the complaint given by parents, the petitioner was arrested and the victim girl was also rescued. Taking into consideration of the facts and circumstances and also considering the period of incarceration suffered by the petitioner from 06.01.2021, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) 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 learned Magalir Neethimandram, Tiruppur and on further conditions that:

(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, after his release from prison, shall report before the respondent police daily at 10.30 a.m. until further orders;

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) 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];

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered.

-sd/- 19/03/2021 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 MAGALIR NEETHIMANDRAM, TIRUPPUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, AWPS, SOUTH POLICE STATION, TIRUPPUR DISTRICT.

+1CC to M/S. K.SUDHAKAR Advocate on payment of necessary charges SR NO.3690 CRL OP.5472/2021 Date :19/03/2021 MK:22/03/2021