S.Sathya v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.6997 of 2021 S.SATHYA [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] NALLIPALAYAM POLICE STATION, NAMAKKAL DISTRICT.

CR.NO.812 OF 2020.

For Petitioner : M/S.K.NAGENDRA PRASAD Advocate For Respondent : M/S.P.KRITIKA KAMAL, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 366, 366 (A) of IPC and Section 6 r/w 5(I) and 17 of POCSO Act 2012 and Section 9 of the PCM Act, 2006, in Crime No.812 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that A1 had kidnapped the victim girl and performed their marriage. The petitioner is arrayed as A2, she helped of A1. Hence, the complaint was registered. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that A1 had kidnapped the victim girl and performed their marriage. She would further submit that the victim girl has been secured and 164 statement has also been recorded. However, she vehemently opposed for grant of anticipatory bail to the petitioner.

5.Considering the fact that the allegation against only A1 and there is no previous case pending as against the petitioner and the victim girl has been secured, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Sessions (Fast Track Mahila) Judge, Namakkal,. on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the petitioner and 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 petitioner shall report before the respondent police as and when required for interrogation. © the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner 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 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 15/04/2021 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 SESSIONS (FAST TRACK MAHILA) JUDGE, NAMAKKAL.

2 THE INSPECTOR OF POLICE NALLIPALAYAM POLICE STATION, NAMAKKAL DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, CHENNAI-104.

CC to M/S.K.NAGENDRA PRASAD Advocate on payment of necessary charges CRL OP.6997/2021 Date :15/04/2021 RG.03.05.2021