Ajith @ Ajithkumar v. State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7335 of 2022 Ajith @ Ajithkumar .. Petitioner Vs.
State rep. by The Inspector of Police, Rasipuram Police Station, Namakkal District.
(Crime No.55 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.55 of 2022 on the file of Respondent police.
For Petitioner : Mr.J.Jayan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********
ORDER
The petitioner, who was arrested and remanded to Judicial Custody on 10.02.2022 for the offences punishable under sections 366 of IPC Section 8 r/w. 7 of POCSO Act 2012 in Crime No.55 of 2022, on the file of the respondent police, seeks bail.
2. The petitioner herein was arrested on 10.02.2022 based on the complaint of "girl missing" and later converted to the offence under sections 366 of IPC and Section 8 r/w.7 & of POCSO Act, 2012.
3. The learned Additional Public Prosecutor submits that the victim aged about 17 years was rescued and the statement under section 164 Cr.P.C was also recorded.
4. On perusal of the 164 statement reveals that the victim girl on her own volition went along with the petitioner voluntarily.
5. Considering the facts and circumstances of the case and also considering that the investigation has already been completed, this Court is inclined to grant bail to the petitioner
6. Accordingly, the petitioner 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 Session (Fast Track Mahila) Judge, Namakkal.
(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 shall report before the Investigating Officer as and when required for interrogation.
(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/- 30/03/2022 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 SESSION (FAST TRACK MAHILA)JUDGE, NAMAKKAL.
2 THE INSPECTOR OF POLICE, RASIPURAM POLICE STATION, NAMAKKAL DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.No.4776 CRL OP.7335/2022 Date :30/03/2022 CSK 31/03/2022