Madhan@Madanamohan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Thirty First day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7387 of 2022 1 MADHAN @ MADANAMOHAN [ PETITIONERS / ACCUSED ] 2 RAJESHWARI Vs STATE REP BY [ RESPONDENT ] S.H.O, OLD TOWN POLICE STATION, OT, CUDDALORE, TAMILNADU.
CR.NO.369/2022.
For Petitioner : M/S.A.TAMILVANAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offences under Section 366(A) of IPC altered with 366 of IPC and Section 5(1), 6 and 17 of POCSO Act, in Crime No.369 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners' son and the defacto complainant loved each other. The mother of the defacto complainant has lodged a complaint on 22.06.2021 that her second daughter is missing from 20.05.2021. Hence, the defacto complainant preferred a complaint.
3. The learned counsel for the petitioners has submitted that the petitioners are innocent persons and they are in no way connected with the offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that the victim girl has been secured and the statement of the victim girl has been recorded under Section 164 Cr.P.C. by the learned Magistrate.
5. The petitioners are the parents of A1 against whom specific allegation has been made by the mother of the victim girl that the victim girl was forcibly abducted and subjected to penetrative sexual offence. However, the 164 statement of the victim girl reveals something otherwise.
6. Considering the facts and circumstances of the case and contents of the 164 statement of the victim girl, this Court is inclined to grant anticipatory bail to the petitioners. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Special Judge, POCSO Court, Cuddalore, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:
(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall not tamper with evidence or witness either during investigation or trial; (c)the petitioners shall report before the Investigating Officer as and when required for interrogation.
(d)the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions has been imposed and the petitioners 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 31/03/2022 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 SPECIAL JUDGE POCSO COURT, CUDDALORE.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE S.H.O, OLD TOWN POLICE STATION, OT, CUDDALORE, TAMILNADU.
+1 CC to M/S.A.TAMILVANAN Advocate on payment of necessary charges SR.NO.5005 CRL OP.7387/2022 Date :31/03/2022 TA-07/04/2022