Yuvaraj v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8971 of 2022 Yuvaraj .. Petitioner Vs.
The State rep. by The Inspector of Police, Melpadi Police Station, Vellore District.
(Crime No.378 of 2021) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.378 of 2021 on the file of the Respondent Police.
For Petitioner : Mr.Y.Kaja Navas For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The Petitioner, who was arrested for the offences punishable under Section 7 and 8 of the POCSO Act, in Crime No.378 of 2021, on the file of the respondent police, seeks bail. 2.The petitioner herein was arrested on 29.12.2021 based on the complaint given by the mother of a minor girl alleging that this petitioner has committed sexual offence punishable under sections 7 and 8 of POCSO Act. The petitioner is none other than the son in law of the defacto complainant, who married the sister of the victim girl.
3.The complaint against the petitioner has been given by his wife on 21.12.2021, alleging dowry harassment and abortion of fetus forcibly. In the said complaint itself, his wife has alleged about his sexual harassment to her minor sister. After a week, on 29.12.2021, the mother of the victim girl has given a complaint to
the Melpadi Police station narrating the sexual assault alleged to have been committed by this petitioner on her minor daughter aged 17 years old.
4.Learned counsel for the petitioner would submit that since the petitioner was released on bail in the first complaint given by his wife, his mother in law through her second daughter has lodged the present complaint with frivolous allegation. However, the complaint lodged by his wife itself is the incident of sexual assault on the minor girl has been referred and therefore, the complaint given by the mother in law on behalf of the minor girl for distinct and separate offence, cannot be considered as an after thought for the imaginary allegation.
5.Considering the fact that the petitioner was arrested on 29.12.2021, the statement of the victim girl recorded under Section 164 of Cr.P.C and on completion of the investigation, the prosecution has filed the final report, this Court is inclined to grant bail to the petitioner. 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, Special Court for exclusively Trial of Cases under POCSO Act, Vellore. (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 appear before the trial court without fail, on the first working day of every English Calendar Month till the completion of trial.
(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/- 21/04/2022 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, SPECIAL COURT FOR EXCLUSIVELY TRIAL OF CASES UNDER POCSO ACT, VELLORE.
2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
3 THE INSPECTOR OF POLICE, MELAPADI POLICE STATION, VELLORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. Y.KAJANAVAS Advocate on payment of necessary charges SR.NO. 5946 CRL OP.8971/2022 Date :21/04/2022 RW 21/04/2022