Yuvaraj@Yuvarajkumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7978 of 2022 Yuvaraj @ Yuvarajkumar .. Petitioner Vs.

The State rep. by The Inspector of Police, Hogenakkal Police Station, Dharmapuri District.

(Crime No.11 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner/Accused on bail in Crime No.11 of 2022 pending investigation on the file of the respondent police.

For Petitioner : Mr.V.Vargees Amal Raja For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested for the alleged offences under Sections 363, 366 (A) of IPC and 5(1) read with 6(1) of POCSO Act, 2012 in Crime No.11 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein is 24 years old boy, who has enticed 16 1/2 years old minor girl and was living with her in Bangalore. Based on the complaint given by the father of the victim girl, the girl was rescued and she is now with her parents. The petitioner was arrested on 24.02.2022. The prosecution has recorded Section 164 of Cr.P.C statement of the victim girl and the substantial portion of the investigation is completed.

3.Considering the said fact, this Court is of the view that the petitioner may be granted bail. 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 Sessions Judge, Fast Track Mahila Court, Dharmapuri;

(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 is directed to stay at Krishnagiri and report before Krishnagiri Town Police daily at 10.30 a.m. until further orders and also shall not contact the minor girl by any means either directly or through other communication mode. (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/- 06/04/2022 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, FAST TRACK MAHILA COURT, DHARMAPURI.

2 THE INSPECTOR OF POLICE, HOGENAKKAL POLICE STATION, DHARMAPURI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, SALEM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE/STATION HOUSE OFFICER, KRISHNAGIRI TOWN POLICE STATION, KRISHNAGIRI.

+1CC to M/S. V.VARGEES AMAL RAJA Advocate on payment of necessary charges SR.No.5228 CRL OP.7978/2022 Date :06/04/2022 CSK 07/04/2022