Sakthivel v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9324 of 2022 Sakthivel .. Petitioner Vs.
State rep.by The Inspector of Police, Vaniyambodi Town Police Station, Thiruppathur District.
(Crime No.39 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.39 of 2022 pending investigation on the file of the respondent. For Petitioner : Mr.E.Kannadasan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner who was arrested on 13.02.2022 for the alleged offences under "Girl Missing" subsequently altered into Section 363, 366, 109 of IPC, Section 9 of Prohibition of Child Marriage Act again altered into Sections 363, 366, 376(2)(n) of IPC and Sections 5(1), 6 of Protection of Children from Sexual Offence Act 2012 and Section 9 of Child Marriage Act 2006 r/w Section 109 of IPC, in Crime No.39 of 2022, on the file of the respondent police, seeks bail.
2. The petitioner is 19 years old boy and the victim is around 16 years old. On completion of investigation, the police has filed the final report and the same has been taken on file by the Special Court in Spl.S.C.No.8 of 2022.
3.Considering the fact that the investigation is completed, no further custodial interrogation of the petitioner is required as far as this case is concerned in the light of Section 164 of Cr.P.C.
statement given by the victim girl, this Court is inclined to grant bail to this 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 Special Judge for Exclusive Trial of Cases under POCSO Act 2012, 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 attend the trial without fail. (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/- 22/04/2022 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 SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT 2012, VELLORE.
2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
3 THE INSPECTOR OF POLICE, VANIYAMBODI TOWN POLICE STATION, THIRUPATTUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S E.KANNADASAN Advocate on payment of necessary charges SR.NO. 6075 CRL OP.9324/2022 Date :22/04/2022 RW 22/04/2022