M. Veeramuthu v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN M.Veeramuthu

...Petitioner/Accused

Vs.

State represented by The Inspector of Police, All Women Police Station, Udumalpet, Tirupur District.

(Crime No.06 of 2024)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.06 of 2024 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.P.Kalimuthu For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/5

ORDER

The petitioner/accused in Crime No.06 of 2024, registered by the respondent police for the offence under Section 448 of IPC and Sections 7 & 8 of POCSO Act, 2012, seeks bail. The petitioner had been remanded to judicial custody on 13.02.2024.

2.It is stated that the victim child was alone in the house and after the lights had been switched off, she went to the kitchen and found the accused standing in the kitchen and tried to touch her. She raised alarm and her relatives came there but however, the accused ran away. 3.It is also stated that the statement of the victim under Section 164(5) of Cr.P.C., had been recorded.

4.It is the contention of the learned counsel for the petitioner that the petitioner is suffering mild mental health problems. 5.Taking all these factors into consideration and the fact that investigation has been completed, I am inclined to grant bail to the 2/5

petitioner subject to the following conditions: 6.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 Fast Track Mahila Court Judge, 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. [c] Additionally, the petitioner should not interfere with the peace of the defacto complainant or her family and must file an affidavit before the Fast Track Mahila Court, Tiruppur, undertaking that he would not interfere with the peace of the defacto complainant or her family.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either 3/5

during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

12.03.2024 ata C.V.KARTHIKEYAN.

J.

ata To

1. The Fast Track Mahila Court Judge, Tirupur. 4/5

2. The Central Jail, Coimbatore.

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

4.The Public Prosecutor, High Court of Madras.

12.03.2024 5/5